Title 10
in forceRight of recovery against assets
Section 1
General provisions
Unless the law or an agreement provides otherwise, a creditor may recover his claim from all assets of his debtor.
Creditors have an equal right among themselves to be satisfied from the net proceeds of the assets of their debtor in proportion to their respective…
Priority results from pledge, mortgage and privilege, and from the other grounds indicated by law.
Pledge and mortgage take precedence over privilege, unless the law provides otherwise.
Privileges on specific assets take precedence over those that rest on all assets belonging to an estate, unless the law provides otherwise.
Distinct privileges that rest on the same specific property have equal rank, unless the law provides otherwise.
If, as a result of an enforcement, a limited right other than a pledge or mortgage lapses because it cannot be invoked against a pledgee, mortgagee…
Section 2
Privileged claims on certain assets
A privilege on a specific asset shall also extend to claims for compensation that have replaced that asset, including claims in respect of the…
A claim for the satisfaction of costs incurred for the preservation of a property is privileged over the property that has been so preserved.
A person who, pursuant to a contract for work, has a claim on account of the working of a thing, is on that account privileged on that thing…
The contributions owed by an apartment owner or a usufructuary of an apartment right to the collective apartment owners or the association of owners…
The claim for compensation for damage is privileged over the claim which the debtor may have against the insurer by virtue of insurance of his…
Section 3
Privileged claims on all assets
The privileged claims on all assets are the claims in respect of:
Also privileged on all assets are the claims arising from the imposition of the levies referred to in Articles 49 and 50 of the Treaty establishing…
Section 4
Right of retention
Right of retention (retentierecht) is the power that accrues to a creditor in cases indicated by law, to suspend the performance of an obligation to…
The creditor may also invoke the right of retention (retentierecht) against third parties who have acquired a right to the property after his claim…
The creditor may recover his claim from the asset with priority over all persons against whom the right of retention (retentierecht) may be invoked.
The right of retention (retentierecht) may also be exercised for the costs which the creditor has had to incur in respect of the care which he must…
The right of retention (retentierecht) terminates when the object comes under the control of the debtor or the person entitled to it, unless the…
If the thing is no longer under the control of the creditor, he may claim it under the same conditions as an owner.