Tuesday, October 23, 2007

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Introduction of the material by The reform law of security: the order of March 23, 2006







  1. The security law has been reformed: Order No. 2006-346 of 23 March 2006 which was gazetted .
    The security for the performance of an obligation and are intended to ensure the creditor repayment of its debt in case of default. They are essential for the proper functioning of the economy.
    French law on security, largely from the Civil Code of 1804, must be reformed to modernize, simplify and facilitate the use of credit, including the elderly.
    The order is:

1. improve the readability of security law by combining all of the material in one book of the Civil Code.
2. simplify the creation of security rights by devoting particular, the pledge without dispossession that allows a debtor to retain use of the thing he puts in pledge
3. make possible the pledge by a company of its stock without delivery to enable it to obtain cash to invest while keeping the use of his stocks
4. facilitate the enforcement of security by putting an end to the ban pact commissory. The parties may agree and, once the pledge furniture, the property will become property of the creditor in case of default
change the rules applicable to the pledge of a motor vehicle by submitting to a single scheme listed in Civil Code
5. modernize the law of the mortgage by reducing costs and simplifying its release and purge
6. devote mortgage equity that allows a debtor who has a mortgage, do not constitute a guarantee for new loans in the successive maximum amount anticipated when the original mortgage
create the reverse mortgage that allows an owner of a property to obtain money through a loan secured on your property repayable on death or when the borrower sells the property.



PS: For all those who have not yet bought their code of 2008, here is a link that lets you see items that our dear professor Mr D. teaches us going.
http://www.justice.gouv.fr/art_pix/textegrimaldi.pdf

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