| Civil Code Article 862-1June 19, 2019 |
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The remnants of a mortgaged property after its destruction remain subject to the effect of the mortgage. The same shall be true of any component of the mortgaged property that is separated from it into independent personal property otherwise than in accordance with the ordinary use of the thing. "Under the circumstances described in the preceding paragraph, a mortgagee may claim possession of such remnants or personal property and exercise his or her rights in accordance with the provisions governing pledges. |
| Civil Code Article 862June 19, 2019 |
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The effect of a mortgage extends to the accessories and accessory rights of the property mortgaged. "Rights acquired by a third party over such accessories before the creation of a mortgage are not affected by the provisions of the preceding paragraph. "When a building is the subject of a mortgage, any part added to the building and not independent of it is also subject to the effect of the mortgage. The provisions of Article 877 apply mutatis mutandis, however, when a part added to the building is an independent thing added after creation of the mortgage. Details > |
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