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.
Official translation
Spot-checked
In force from 15 December 2010
Source page 44