Law library and case analysis · Austria · Belgium · European Union
LAWxPERT Sign in Free account

Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 2012Kinds of hypothec.

Sub-title II

In forceOfficial text

(1) A hypothec is general or special: it is general when it affects all the property present and future of the debtor; it is special when it affects only one or more:

(a) particular immovables of the following kind:

(i) things which are immovable by their nature, and products of such immovables so long as they are not separated thereform;

(ii) the right of usufruct over the said immovables, during the continuance of such right;

(iii) the over the said dominium directum immovables given on emphyteusis, and the over such immovables; and dominium utile

(b) particular movables as the Minister may, from time to time, establish.

(2) A hypothec is legal, judicial or conventional: it is legal if it

*This article, as substituted by Act LVIII of 1975, applies to all hypothecs arising or contracted before 1st January, 1976. arises by operation of law; it is judicial if it originates from a judgment; it is conventional if it is established by contract.

*

Amendment history
  • Amended by VIII.2007.17