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Glossary

M

Marriage

A contracted union between two spouses.

Marriages

A contracted union between two spouses.

Matrimonial benefits

Clause of the pre-martial agreement allowing to advantage one of the spouses and avoid the rules on donations and the inheritance duties.

Matrimonial regime

All the rules governing the interests of the spouses during their common life and allowing the sharing of their properties upon the dissolution of their union. This can be a community (joint) regime and based on the principle of joint or separate management and favor the liberty of each spouse towards his/her own assets .

Mortgage

Right granted to a creditor as a debt security. (Generally) based on a building, the mortgage allows the creditor, in case of non-payment of the debt, to sell the building to be paid pay on the sale price. The mortgage is not intended to remove the mortgaged property from the debtor 's assets . The debtor may still make free use of it. The property may be sold or given, while the creditor still retains the possibility to ask for said property's sale.

Mortgage registry

Now, the department in charge of the land registration (when one targets the location) or of the property register (when one targets the register) that was formerly called "bureau des hypothèque" ( Mortgage registry ) is a French Administrative and Tax Institution of the Direction générale des Finances publiques (General Directorate of Public Finance) (formerly known as the Direction générale des Impôts (DGI)). There are 354 of them in France.

Its tax purpose consists in collecting the registrations' duties and taxes of authentic deeds ( land registration ). The registration process is an administrative process that only grants published deeds with a prima facie evidence.

Mortgage statement

The mortgage statement is a document establishing the entries made concerning a building, list of publication, mortgage registrations and other charges affecting said building.

Mortgages

­A creditor’s right as security for a debt. Mortgages usually apply to buildings and enable creditors, in the event of failure to pay a debt, to sell the buildings in question and recover their debt out of the proceeds of the sale. Mortgages do not remove mortgaged property from the debtor’s assets . The debtor continues to use it as he/she sees fit. The property may be sold or given away, but the creditor is nevertheless entitled to demand it be sold

Movable

The properties which location can be changed, but they also include the immaterial rights such as shares.

Movables

Property that may be moved, including immaterial rights such as shares or stakes.