Any architect, contractor or any other person employed to construct, repair or reconstruct a
building, may before beginning work, obtain a conventional mortgage or, through a court order,
a forcible mortgage on the building on which work is done.
The said mortgage shall be temporarily registered for the estimated amount due. Such registration
shall be assigned a rank at the same time for a period not exceeding one month following the
completion of work attested by a bailiff. The said mortgage shall maintain its date where within
the same time-limit, either by agreement between the parties or by court order the registration
is made final for the total or any part of the estimated amount due.
Any person who provides funds for the payment or reimbursement of the architects, contractors
and any other persons employed to construct, repair or reconstruct a building may obtain a
conventional or forcible mortgage under the same conditions as the creditor once it is formally
established from the loan agreement that the said amount was intended for that purpose and,
from the receipt issued by the architects, or the contractors and any other persons that payment
was made from the borrowed funds.
Section 2
Judicial Forcible Mortgages
Official translation
Spot-checked
In force from 15 December 2010
Source page 48