Section 14: Voidable leases
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
14. Voidable leases
(1) Any lease made subsequently to the transcription of the seizure shall
be null, without the necessity of taking proceedings for its annulment.
(2) Where a lease is made between the date of service of the commandement and the date of the transcription, it may be annulled at the instance
of a creditor or of the adjudicatee.
(3) No lease shall be valid, unless it has been inserted in, and made one
of the conditions of, the memorandum of charges (cahier des charges).
(4) A creditor inscribed before the transcription of a lease may prevent
the insertion of the lease in the memorandum of charges.
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Questions this section answers
- Can I still legally rent out my property after it has been seized?
- Is a lease I sign between the notice and the registration of the seizure automatically valid?
- Does a lease on the seized property have to be listed in the sale terms to count?