(1) Registrable rights acquired under a condition precedent or subsequent are not to be registered. They can however be registered provisionally. (2) A preclusive time limit or a burden of a gift can be shown both in the content of the registration and that of…
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Article 421. Types of registration
(1) Registrations, provisional registrations, and notations are made in the register. (2) Registration and provisional registration are made in respect of registrable rights, and notations are made in respect of other rights, acts, facts, or legal relationships relating to the registered rights entered in the…
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Article 420. Constitutive public registers
The provisions of this Chapter apply to each public register (register) that satisfies the following conditions: a) in that register, under the law, are subject to registration real rights (jus in rem) over certain types of property and/or certain other patrimonial rights (registrable rights/registered rights);…
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Article 888. Common guarantee of creditors
(1) A debtor is liable with its entire patrimony for its obligations. A debtor’s patrimony acts as a common guarantee for its creditors. (2) Unattachable property may not form part of the guarantee provided for in paragraph (1). (3) Creditors whose claims have arisen in…
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Article 419. Consultation of publicity registers
(1) Any person, even without justifying an interest, may under law consult publicity registers with respect to a right, act, facts, or a certain legal situation and obtain extracts or certified copies of the same. (2) In the cases and under the procedures provided for…
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Article 418. Concurrence between forms of publicity
If a right, act, fact, or legal relationship is concurrently subject to several publicity formalities, failure to satisfy one publicity formality is not cured by the satisfaction of another.
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Article 417. Absence of publicity. Sanctions
(1) If a publicity formality was not satisfied, and the law does not provide that it is constitutive, rights, acts, facts or legal relationships subject to publicity are not opposable to third parties unless it is proven that they were aware of the same in…
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Article 416. Presumptions relating to publicity registers
(1) If a right, act, or fact was registered into a public register it is presumed that it exists as long as it was not deleted or modified under law. (2) If a right, act, or fact was deleted, it is presumed it does not…
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Article 415. Effects of publicity
(1) Publicity ensures the opposability of a right, act, fact, or any other legal relationship subject to publicity, determines their ranking, and, if the law explicitly provides so, determines their establishment or their legal effects. (2) As among the parties or their successors, either universal…
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Article 1146. Exercise of a preemption right
(1) A preemption right is exercised by way of a declaration made to the obliged person. For the validity of the declaration it is not necessary to observe the form required by law with respect to the sale and purchase contract. (2) After the receipt…