If immovable property of both the grantor and the person who has acquired immovable property has been hypothecated to secure one and the same debt, the person who has acquired property can demand from the hypothecary creditor who proceeds to execution that the property of the grantor be included in the sale as well and that it be sold first.
Civil Code
2015 English source edition · Current applicability not established.
This is the 2015 English-language edition attributed in its front matter to the Ministry of Justice. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force. Nine passages are incomplete in the available scan and are identified where they occur.
Article 2598
Sale of Grantor’s Property at First · Preserved transcription; page attribution imported from the source collection. Verify against the original.
Where for one and the same obligation two or more items of immovable property have been hypothecated, one of which is encumbered with another right in rem which the hypothecary creditor does not have to respect in the execution, the holder of that right in rem has mutatis mutandis the same right as the one referred to in sub-Article (1).
If the hypothecary creditor refuses to comply with a demand based upon sub-Article (1) arid (2), the Court may rule upon this refusal, at the request of any interested party.