Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

296 PROPERTY
However, as between them, their respective registration
dates are taken into consideration.
463 The hypothec granted in favour of a vendor for payment
of the sale price ranks before any general hypothec affecting
the purchaser's property, even if such hypothec is published
on the day of the sale or on the day of publication of the
vendor's hypothec.
464 The creditor whose claim is suspended by a condition is
nevertheless collocated in his rank, subject, however, to the
conditions set forth in Article 716 of the Code of Civil
Procedure.
465 The creditor whose claim is undetermined or unliquidated
is collocated in his rank, subject, however, to the
conditions set forth in Article 717 of the Code of Civil
Procedure.
466 A claim with a term becomes exigible when the hypothecated
property is sold by judicial sale and is accordingly
collocated in its rank.
467 The hypothecary creditor may not ask that the judicial
sale be made subject to his hypothec.
468 Transfer of rank must be express.
When it takes place, the order of the hypothecary
creditors is inverted according to their respective claims, but in
such a manner as not to prejudice any intermediate creditors.
469 Persons subrogated in the rights of a hypothecary
creditor enjoy the same right of preference, subject to the
rights of the creditor as provided in Article 227 of the Book on
Obligations.
However, the subrogated party to whom the creditor has