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

584 PUBLICATION OF RIGHTS
effected after the property is seized or, in the case of an
immoveable, after the notice of seizure is published, has no
effect when the seizure is followed by judicial expropriation,
provided, in the case of an immoveable, that a notice of seizure
has been published.
85 Publication of an instrument creating a debt preserves
for the creditor, in the same rank as for the principal, the
interest due for the current year and for the two previous years.
86 Publication of an instrument creating an annuity preserves
a preference for the arrears due for the current year and
for the two previous years.
87 A creditor has a hypothec for the surplus arrears of
interest or annuities only from the date of publication of a
notice, in accordance with Article 380 of the Book on
Property, stating the amount of arrears claimed.
Nevertheless, the interest due at the time of the first
publication, the amount of which is stated there, is preserved
by that publication.
Section II
Opposability and rank of rights
88 Rights, whether published or not, have effect between
the parties, subject to express provision of law.
89 Rights subject to the formality of publication may be set
up against third parties only from the time of their
publication.
90 Rights rank according to the date of their publication;
if two documents respecting the same immoveable are published
on the same day, preference is accorded to the earliest
document, the whole subject to the provisions of this Code
governing publication of hypothecs.