Title 9

The right of pledge (pand) and the right of mortgage (hypotheek) are limited rights, intended to recover a claim for payment of a sum of money from…

A right of pledge or a mortgage may be established on all property that is susceptible of transfer.

A right of pledge or mortgage entails by operation of law a right of pledge on all claims for compensation that take the place of the encumbered…

A right of pledge or mortgage is indivisible, even when the obligation for which the right has been established has two or more creditors or debtors…

A right of pledge or mortgage may be established for both an existing and a future claim. The claim may be in the name of a specific person, to order…

The pledgor or mortgagor who is not also the debtor shall be liable for any depreciation in the value of the property, insofar as the security of the…

If both assets of the debtor and of a third party have been pledged or mortgaged for the same claim, the third party may, when the creditor proceeds…

Any clause whereby the pledgee or mortgagee is given the power to appropriate the encumbered property is void.

A right of pledge on a movable asset, on a right to bearer or to order, or on the usufruct of such an asset or right, is established by bringing the…

A right of pledge on a movable asset, on a right to bearer, or on the usufruct of such an asset or right, may also be established by an authentic…

Notwithstanding the lack of power of disposition of the pledgor, the creation of a right of pledge on a movable asset, on a right to bearer or order…

A pledge on a right to be exercised against one or more specific persons which is not to bearer or to order, or on the usufruct of such a right, may…

A right of pledge on a share in an asset is established in the same manner and with the same consequences as prescribed with respect to the…

The pledgee is obliged, upon request, to provide the pledgor with a written statement of the nature and, in so far as possible, the amount of the…

A pledgee is not authorised to repledge the property held by him in pledge, unless this authority has been unambiguously granted to him.

He who, by virtue of a right of pledge, has a thing in his possession, must care for the thing as a prudent pledgee.

Unless otherwise stipulated, a right of pledge (pandrecht) serving as security for one or more specific claims also serves as security for three…

Both the pledgee and the pledgor are authorized to institute legal actions against third parties for the protection of the pledged property, provided…

If a right of pledge rests on a claim, the pledgee is authorised to demand performance thereof in and out of court and to receive payments. These…

Outside the cases regulated in Articles 89 and 198 of Book 2, the exercise of the voting right attached to property encumbered with a right of pledge…

When the debtor is in default with the satisfaction of that for which the pledge serves as security, the pledgee is authorized to sell the pledged…

Unless otherwise stipulated, a pledgee who intends to proceed with a sale is obliged, insofar as this is reasonably possible for him, to notify the…

The sale shall take place in public according to local customs and on the usual terms.

Unless otherwise stipulated, the relief judge (voorzieningenrechter) of the court may, at the petition of the pledgee or the pledgor, determine that…

Unless otherwise stipulated, the pledgee is obliged, insofar as this is reasonably possible for him, to give notice no later than the day following…

After satisfaction of the costs of execution, the pledgee shall deduct from the net proceeds the amount due to him for which he holds the right of…

When a pledge has been established in accordance with Article 237 on movable property which, according to common opinion, is intended to serve a…

If the pledge consists of money, the pledgee is authorised, as soon as his claim has become exigible, to satisfy himself from the pledge in…

When a right of pledge (pandrecht) has been extinguished, the pledgee is obliged to perform that which is necessary on his part so that the pledgor…

If the person who, by virtue of a right of pledge (pandrecht), has a thing in his possession, fails to a serious degree in the care for the thing…

When a pledged asset as referred to in Article 236 paragraph 1 comes into the control of the pledgor, the right of pledge shall terminate, unless it…

When a person, by issuing certificates, allows third parties to share in the proceeds of shares or debt claims acquired by him in his own name, the…

A mortgage is established by a notarial deed executed between the parties, whereby the mortgagor grants a mortgage on a registered property to the…

If, in a purchase agreement, a mortgage on the sold property has been stipulated as security for unpaid purchase money and this stipulation is stated…

By a notarial deed entered in the registers, it may be stipulated that a mortgage, with respect to one or more mortgages on the same property, shall…

Unless otherwise provided in the mortgage deed, a mortgage serving as security for one or more specific claims also serves as security for three…

If the mortgage deed contains an express clause whereby the mortgagor is restricted in his power, either to lease or farm-out the encumbered property…

If the mortgage deed contains an express clause under which the mortgagor may not change the layout or appearance of the encumbered property, or may…

If a property is subject to a mortgage and the mortgagor has made changes or additions thereto after the creation of the mortgage without being…

It may be stipulated in the mortgage deed that the mortgagee is authorised to take the mortgaged property into administration if the mortgagor…

The mortgagor, as well as anyone who uses an immovable property intended for habitation, is obliged to permit that the customary notices of the…

If the debtor is in default with the satisfaction of that for which the mortgage serves as security, the mortgagee is authorised to have the…

Until the time of the allocation at auction or of the approval of the private sale by the relief judge, the sale may be prevented by satisfaction of…

The buyer is obliged to pay the purchase price into the hands of the notary before whom the public sale took place or by whom the deed of transfer…

After payment of the purchase price, all interested parties mentioned in paragraph 5 of the preceding article are authorised to petition for a…

A seller who has received payment from the notary is obliged, if so requested, to render an account and justification (rekening en verantwoording) to…

By delivery pursuant to a sale in execution and payment of the purchase price, all mortgages encumbering the sold property are extinguished and the…

When a mortgage has been extinguished, the creditor is obliged, at the request and at the expense of the person entitled to the encumbered property…

A power of attorney to make a declaration as referred to in the preceding article must be granted in writing.