1924. Conventional hypothec can only be granted by those who are capable of alienating the immovables which they subject to it; this rule however being subject to exception under the provisions of special enactments concerning Fabriques.
1925. Persons whose right to an immovable is suspended by a condition, or is determinable in certain cases, or is subject to rescission, can only grant hypothecs upon it which are subject to the same condition or to the same rescission.
1926. The property of minors and interdicted persons, and that of absentees so long as it is only provisionally held, cannot be hypothecated otherwise than in virtue of judgments, or for the causes and subject to the formalities established by law.
1927. Conventional hypothec cannot be granted otherwise than by an act in notarial form, or by will.
1928. A hypothec granted by a debtor upon an immovable of which he has possession as proprietor, but under an insufficient title, takes effect from the date of its registration if he subsequently obtain a perfect title; but without prejudice to the rights of third parties.
The same rule applies to judgments rendered against a debtor under the same circumstances.
1929. A conventional hypothec is invalid, unless it contain a statement of the maximum principal sum to be secured by it.
This provision does not extend to life-rents or other obligations appreciable in money, which are stipulated in gifts inter vivos.
1929A. For the avoidance of doubt it is hereby declared that:
(a) Notwithstanding the provisions of Article 1929 of the Code, a hypothec which was executed before 30 July 1994 shall be deemed to be and to have been valid at all times after its execution even if a statement of the maximum principal sum to be secured by it is not contained or not specifically expressed in it.
(b) Any act creating a hypothec which was executed before 30 July 1994 shall be deemed, as from the date of its execution to have secured in favour of the creditor by way of hypothec not only the amount stated therein to be the principal or aggregate sum owing by the debtor to the creditor, but also any other sum defined in the act to be or to be included as a debt, absolute or contingent, owing or payable by the debtor to the creditor. (Added by Act 6 of 1994)
1930. Hypothecs created by a will upon immovables subjected by the testator to certain charges, are governed by the same rules as conventional hypothecs.
1931. Conventional hypothecs may be granted for any obligation whatever.