Revised Laws of Saint Lucia (2021)

Section V   The Order in which Hypothecs Rank

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    1932.   As between the creditors, hypothecs rank in the order of their respective dates, when none of them have been registered in conformity with the provisions contained in the Book respecting Registration of Real Rights.

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    1933.   The creditor who expressly or tacitly consents to the hypothecation in favour of another of the immovable hypothecated to himself is deemed to have ceded to the latter his preference; and in such case an inversion of order takes place between these creditors to the extent of their respective claims; but in such manner as not to prejudice intermediate creditors if there be any.

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    1934.   A creditor who has a hypothec upon more than one immovable belonging to his debtor may exercise it upon such one or more of them as he or she deems proper.

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    If however all or more than one of the immovables thus hypothecated be sold, and the proceeds have to be distributed, his or her hypothec is divided rateably upon so much of their respective prices as remains to be distributed, when there are other subsequent creditors holding hypothecs upon some one or other only of such immovables.

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    1935.   The privileged or hypothecary creditors of a vendor rank before him or her, regard being had among them to the order of preference or priority.

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    1936.   Creditors whose claims are suspended by a condition are nevertheless collocated in their order, subject however to the conditions prescribed in the Code of Civil Procedure.

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    1937.   The provisions concerning privileges contained in articles 1881, 1882 and 1883 are also applicable to hypothecs.