Revised Laws of Saint Lucia (2021)

Section II   The Effect of the Hypothecary Action

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    1959.   The alienation of an immovable by the holder against whom the hypothecary action is brought, is of no effect against the creditor bringing the action, unless the purchaser deposits the amount of the debt, interest and costs due to such creditor.

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    1960.   The holder against whom the hypothecary action is brought may surrender the immovable before judgment. If he or she does not, he or she may be condemned to surrender it within the usual delay or the period fixed by the Court, and in default thereof to pay the plaintiff the full amount of his or her claim.

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    The immovable must be surrendered in the condition in which it then is, the surrender being subject to the provisions contained in articles 1939 and 1940.

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    1961.   The holder may be condemned personally to pay the rents, issues and profits which he or she has received since the service of process, and any damages he or she may have caused to the immovable since that time.

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    1962.   The surrender and sale are effected in the manner prescribed in the Code of Civil Procedure.

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    1963.   Servitudes or real rights which the holder had upon the immovable at the time of his or her acquisition of it, or which he or she extinguished during his or her possession of it revive after the surrender.

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    Such rights likewise revive in favour of the purchaser when, upon a demand for confirmation of title, he or she is obliged to deposit the purchase money in order to discharge hypothecs, or becomes evicted by a creditor who outbids him or her as set forth in the Code of Civil Procedure.

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    1964.   The holder surrenders only the occupation and possession of the immovable, he retains the ownership until the adjudication, and he or she may at any time before such adjudication stop the effect of the hypothecary judgment and of the surrender, by paying and depositing the full amount of plaintiff's claim and all costs.

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    1965.   Persons bound to warrant the property may likewise, upon paying the hypothecary debt or procuring the extinction of the hypothec, stop the effect of the surrender and have it declared inoperative upon petition or application to the Court in which such surrender was made.