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CIVIL CODE OF SAINT LUCIA
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CHAPTER FOURTH THE EFFECT OF PRIVILEGES AND HYPOTHECS WITH REGARD TO THE DEBTOR OR OTHER HOLDER OF HYPOTHECATED PROPERTY

Revised Laws of Saint Lucia (2022)

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CHAPTER FOURTH
THE EFFECT OF PRIVILEGES AND HYPOTHECS WITH REGARD TO THE DEBTOR OR OTHER
HOLDER OF HYPOTHECATED PROPERTY

  1.  

    1938.   Hypothecs do not divest the debtor or other holder of the hypothecated property, either of whom continues to enjoy the property and may alienate it, subject however to the privilege or the hypothec charged upon it.

  1.  

    1939.   Neither the debtor nor other holder can, with a view of defrauding the creditor, deteriorate the immovable charged with a privileged or hypothecary claim, by destroying or injuring, carrying away or selling the whole or any part of the buildings, fences or timber thereon, or cattle, or carts, cranks and other implements employed in the working of the property.

  1.  

    1940.   In the event of such deterioration the creditor who has a privilege or hypothec upon the immovable may sue him or her, even though the claim be not yet payable, and recover from him or her personally the damages occasioned by such deterioration, to the extent of such claim and with the same right of privilege or hypothec; but the amount so recovered goes in reduction of the claim.

  1.  

    1941.   Creditors having a registered privilege or hypothec upon an immovable may follow it into whatever hands it passes and cause it to be sold judicially in order to be paid out of the proceeds, according to the order of their claims.

  1.  

    1942.   In order to secure his or her rights the creditor has 2 remedies, namely, the hypothecary action and the action to interrupt prescription. The latter is treated of in the Book respecting Prescription.

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