Cap. 16 · Civil Code (Cap. 16)
Cap. 16 Art. 2010Privileged creditors over immovables. Dominus. , Architects etc. Person supplying money or materials. Third party in possession. Vendor or other alienor. Lender of money for the payment of price. Co-heirs. Advocateandlegal procurator.
Sub-title I
The privileged creditors over immovables are:
(a) the dominus, over the dominium utile of the emphyteutical tenement, for the debt due to him by the emphyteuta in respect of ground-rent and for the performance of the other obligations arising from the emphyteutical contract;
(b) architects, contractors, masons and other workmen, over the immovable constructed, reconstructed or repaired, for debts due to them in respect of the expenses and the price of their work. The same privilege is competent to the person who has, by means of a public deed, supplied money or materials for the construction, reconstruction or repair of the immovable, or for the payment of the workmen employed on such work, provided it is shown by the said deed that the supply was made for that purpose, and it is proved that the work was carried out or the payments to the workmen made, with the materials or out of the money supplied. The same privilege is also competent to a third party in possession, over the immovable of which he has been dispossessed, for the repairs and improvements made in or on such immovable. The said privilege, in case of repairs necessary for the preservation of the immovable extends to the whole amount of the debt; in any other case, it is limited to the sum corresponding to the increase in the value of the immovable resulting from the works or expenses;
(c) the vendor or any other alienor, whether under an onerous or a gratuitous title, over the immovable sold or alienated by means of a public deed, for the whole or the residue of the price, or for the performance of the covenants stipulated in the deed of sale or alienation. The same privilege is competent to the person who has, by means of a public deed, supplied in whole or in part the money for the payment of the price agreed upon, provided it is shown by the deed of loan that the money was supplied for that purpose, and it is proved that the money taken on loan has been paid to the vendor or other alienor. If there are several successive alienations, the first alienor is preferred to the second, the second to the third, and so on;
(d) co-heirs and other co-partitioners, over the immovables which were the subject of the partition, in case of eviction of the immovables divided between them, and for any compensation or owelty of partition;
(e) the advocate and the legal procurator, for the fees due to them for their services in the action for the recovery of the immovable, and the person disbursing the expenses of the said action, over the immovable, if recovered.