1908. Hypothec is a real right, and is a charge upon immovables specially pledged by it for the fulfilment of an obligation, in virtue of which charge the creditor may cause the immovables to be sold in the hands of whomsoever they may be, and has a preference upon the proceeds as fixed by this Code. (Amended by Act 34 of 1956)
1909. Hypothec is indivisible and binds in entirety all the immovables subject to it and each and every portion of them.
1910. Hypothec extends over all subsequent improvements and over alluvial increase of the hypothecated property.
It secures besides the principal and interest which accrues therefrom and any other sum which the debtor agrees to pay as a debt, absolute or contingent, in the act creating it and all costs incurred, subject to the restriction stated in the Book respecting Registration of Real Rights. (Amended by Act 6 of 1994)
It is merely an accessory and subsists no longer than the obligation which it secures.
1911. Hypothec can take place only in the cases and according to the formalities authorised by law.
1912. Hypothec may be either legal, judicial, or conventional.
1913. Legal hypothec is that which results from the law alone.
Judicial hypothec is that which results from judicial acts.
Conventional hypothec results from agreement.
1914. Hypothec upon an undivided portion of an immovable, attaches to that portion of the immovable which falls to the share of the hypothecary debtor after partition, saving the provisions of article 673.
1915. Hypothec cannot be acquired, to the prejudice of existing creditors, upon the immovables of persons notoriously insolvent, or of traders within the 30 days previous to their bankruptcy.