SECTION 194

Any holder of a right subjected to a condition, cancellation or rescission regularly published may only consent to a mortgage subject to the same condition, cancellation or rescission. The mortgage of a joint property shall maintain its effect irrespective of the outcome of the partitioning provided that the mortgage was consented to by the co-owners. Otherwise, it shall maintain its effect only to the extent where the co-owner who consented to it shall, in the event of partitioning be allotted the joint property or where the said property is sold by auction to a third party, the said co-owner is allotted the proceeds of such auction. The mortgage of a portion within one or more joint real property shall maintain its effect only to the extent where the co-owner who consented to the mortgage is during the partitioning allotted the whole property; it shall then maintain this effect to the full extent of the allotment without being limited to the portion of the co-owner who consented to it; where the property is sold to a third party by auction, the mortgage shall also maintain the same effect if the proceeds are allotted to the said co-owner.