1943. The hypothecary action may be brought by creditors whose claims are liquidated and exigible, against all persons holding as proprietors the whole or any portion of the immovable hypothecated for their claim.
1944. When the property is in the possession of an usufructuary the action must be brought against the proprietor of the land and against the usufructuary conjointly, or notice of it must be given to whichever of the 2 has not been sued in the first instance.
1945. If the possessor be charged with a substitution, judgment may be obtained against him or her in a hypothecary action, without making the substitute a party, except when the hypothec was created by or through such possessor and in any case without prejudice to the right of the substitute as declared in the Book respecting Gifts.
1946. The object of the hypothecary action is to have the holder of the immovable condemned to surrender it, in order that it may be judicially sold, unless he or she prefers to pay the debt in principal, and interest as secured by registration, together with the costs.
If the claim be for a rent the holder in order to avoid surrendering must pay the arrears and costs, and consent to continue the payments either by a renewal deed or by a declaration which the subsequent judgment renders effective.
1947. The holder against whom an action is brought for the enforcement or for the recognition of a hypothec has a right to make either his or her vendor, or any previous grantor, bound to warrant the property against such claim, a party to the suit, in order that such vendor or grantor be condemned to intervene and repel the action or to make indemnification against the condemnation and any damages that may result therefrom.
1948. For this purpose the holder who is sued may set up a dilatory exception to the demand, as explained in the Code of Civil Procedure.
1949. The holder may set up against the demand all grounds of defence whatever tending to its dismissal, whether the person bound to warrant the property has been made a party or not.
1950. The holder against whom the hypothecary action is brought, and who is neither charged with the hypothec nor personally liable for the payment of the debt, may, besides the grounds of defence tending to destroy the hypothec, set up any of the exceptions set forth in the 5 following paragraphs, if there be grounds for them.
1951. If the person who granted the hypothec or those who are personally liable for the payment of the debt possess property, the holder against whom the hypothecary action is brought may, before he or she can be called upon to surrender, require the creditor to sell the property belonging to the debtors personally bound, provided he or she indicates such property and advance the money necessary to obtain its discussion.
1952. This right of discussion however cannot be set up as an exception in respect of immovables hypothecated for the payment of a rent created for the price of the land.
1953. The holder may repel the hypothecary action, or the action for the recognition of a hypothec, when the prosecuting creditor is in any way whatever personally bound to warrant the immovable against such hypothec.
1954. This exception of warranty is equally available if the prosecuting creditor be himself or herself the holder of another immovable bound for the warranty of the defendant against the hypothec sued upon. The creditor in such case cannot maintain his or her action unless he or she previously surrenders such immovable.
1955. The holder who is sued has a right to be subrogated in the rights and claims of the prosecuting creditor against all other persons liable for the payment whether personally or hypothecarily.
1956. If the prosecuting creditor or those from whom he or she derives his or her claim, have destroyed any right or recourse which the holder might otherwise have exercised in order to be indemnified against the condemnation sought for, or have by their own act become unable to transfer the same to him or her, the action to that extent fails.
1957. The holder against whom the hypothecary action is brought may also demand that the surrender which he or she may be ordered to make, be subject to his or her privilege of being paid the value of the improvements made upon the immovable, either by himself or herself or by such of the persons from whom he or she derives his or her claim as are not personally bound to the payment of the hypothecary debt, the whole in conformity with the rules contained in the Book respecting Ownership.
1958. The holder who has received the immovable in payment of a privileged debt or of an hypothecary claim prior to that brought against him or her, or who has paid a prior hypothecary claim, has a right, before being compelled to surrender, to obtain from the party suing him or her security that the immovable will bring a sufficient price to ensure the payment of his or her privileged or prior claim.