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

Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 2095IReturn of property to debtor.

Title XXIIIB

In forceOfficial text

(1) When the debtor has performed the secured obligations the creditor is bound absolutely to return the property to the transferor by carrying out such formal and others acts as may be required.

(2) Except as otherwise agreed, it shall not be lawful for the transferor to demand the partial return of the property transferred by way of security on the partial fulfilment of the secured obligations and the creditor is only obliged to return the property so transferred to the transferor, when the debtor has fully performed the secured obligations.

(3) The terms of any undertaking relating to the return of property transferred in accordance with this Title shall be enforceable in accordance with its terms and the provisions of article 1357 shall not apply.

Amendment history
  • Amended by VIII.2010.61