GENERAL PROVISIONS
1878. A privilege is a right which a creditor has of being preferred to other creditors according to the origin of his or her claim. It results from the law and is by its nature indivisible.
1879. Among privileged creditors preference is regulated by the different qualities of the privileges, or the origin of the claims.
1880. Privileged claims of equal rank are paid proportionately to their amount.
1881. Persons who are subrogated in the rights of a privileged creditor have his or her right of preference.
Such creditor has however a preference, for any remainder due to him or her, over the subrogated persons to whom he or she has not guaranteed the payment of the amount for which they have obtained subrogation.
1882. Persons who are merely subrogated by law in the rights of one and the same privileged creditor are paid proportionately to the amount of their respective claims.
1883. The transferees of different portions of a privileged claim are paid proportionately to their shares if the respective transfers have been made without warranty of payment.
Those whose transfers were made with warranty of payment, are preferred to the others. As between themselves, however, regard is had to the date of the notice given of their respective transfers.
1884. The Crown has certain rights and privileges resulting from the laws relating to customs, and from other provisions contained in special Acts concerning matters of public administration.
1885. The creditors and legatees of a deceased person who are entitled to separation of property, retain, against the creditors of his or her heirs and legatees, a right of preference and all their privileges upon such property of the succession as may be subject to their claims.
The same right of preference exists in the cases specified in articles 744 and 901.
1886. The rule as regards the creditors of a partnership and those of the partners individually, is declared in articles 28 and 42 of the Commercial Code.
1887. Privileges may be upon movable or upon immovable property or upon both together.