Cap. 16 · Civil Code (Cap. 16)
Cap. 16 Art. 2095Expenses accessory to debt to rank with debt.
Sub-title VIII
(1) In the same rank in which a debt is placed, there shall be placed also the interest accruing on that debt, the expenses of registration, and the expenses, if any, incurred for the judicial acknowledgment of the debt unless the latter are otherwise privileged:
Provided that in the case of a hypothec, the above rule shall apply with reference to interest only if the fact that interest has been agreed upon is indicated in the note of registration of the hypothec in accordance with article 2042(e).
(2) When the note of registration of a hypothec indicates that interest has been agreed to accrue on a debt, no additional note of registration shall be required when any change, variation, or amendment takes place in relation to the of rates of interest payable, the modalities for the calculation of interest including any indices, margin, or market mechanism.
(3) Furthermore, no additional note of registration shall be required, for any change, variation or amendment of:
(a) the repayment schedule; or
(b) the currency in which payment of the debt is to be made.
(4) The above shall apply irrespective of whether the change, variation or amendment takes place in virtue of a public deed or a private writing, pursuant to a term of the original agreement or as a result of a market event.
(5) The obligations changed, varied, or amended as aforesaid shall continue to rank in the same rank in which the principal obligation is placed.
Amendment history
- Amended by VIII.2010.61