TRANSPORTATION OF DEBTS AND OTHER INTANGIBLE RIGHTS
LexInter | April 25, 2002 | 0 Comments

TRANSPORTATION OF DEBTS AND OTHER INTANGIBLE RIGHTS

Article 1689
In the transport of a claim, a right or an action on a third party, the delivery takes place between the assignor and the assignee by the delivery of the title.
Article 1690
The assignee is only seized with regard to third parties by the service of the transport made to the debtor.
However, the assignee can also be seized by the acceptance of the transport made by the debtor in an authentic instrument.
Article 1691
If, before the assignor or the assignee notified the debtor of the transport, the latter had paid the assignor, he shall be validly discharged.
Article 1692
The sale or assignment of a receivable includes the accessories of the receivable, such as surety, lien and mortgage. SECURITY OF RENT AND SALE OF THE IMMOVABLE
Article 1693
Whoever sells a claim or other incorporeal right, must guarantee its existence at the time of transport, although it is done without guarantee.
Article 1694
He is only answerable for the debtor’s solvency when he has undertaken to do so, and only up to the amount of the price he has withdrawn from the debt.
Article 1695
When he has promised the guarantee of the solvency of the debtor, this promise only covers the current solvency, and does not extend to the time to come, if the assignor has not expressly stipulated it.
Article 1696
Anyone who sells an inheritance without specifying its objects in detail is only required to guarantee his quality of heir.
Article 1697
If he had already profited from the fruits of some fund, or received the amount of some claim belonging to this heredity, or sold some effects of the succession, he is bound to reimburse them to the purchaser, if he has not expressly made them. reserved during the sale.
Article 1698
The purchaser must for his part reimburse the seller for what the latter has paid for the debts and charges of the succession, and give him reason for everything of which he was a creditor, if there is no stipulation to the contrary.
Article 1699
The party against whom a disputed right has been assigned may be held back by the assignee, by reimbursing him the actual price of the assignment with the costs and fair costs, and with interest from the day on which the assignee has paid the price of the assignment made to him.
Article 1700
The matter is considered contentious as soon as there is a trial and dispute on the merits of the law.
Article 1701
The provision contained in article 1699 ceases:
1 ° In the event that the transfer has been made to a co-heir or co-owner of the transferred right;
2 ° When it has been made to a creditor in payment of what is due to him;
3 ° When it has been made to the possessor of the inheritance subject to the disputed right.

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