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Section 8: Inscription by creditors

Transcription And Mortgage Act

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

8. Inscription by creditors (1) Subject to subsection (3), a creditor who has a mortgage or a privilege under article 2173, 2174 or 2178 of the Code Civil Mauricien and whose title is prior to the date of a document specified in section 3 may, not later than 14 days of the transcription of any such document, cause his rights to be inscribed against the previous owner. (2) No inscription taken outside the time limit specified in subsection (1) shall be valid. (3) A vendor or co-partner (co-partageant) of immovable property may, not more than 45 days from the date of the sale or partition and notwithstanding the transcription of any other deed in the interval, cause the privilege to which he is entitled under articles 2156 and 2158 of the Code Civil Mauricien to be inscribed. 9. – 10. —

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