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When must a legal hypothec be published?

The date the construction work has been completed marks the commencement of the 30 day delay for registering a legal hypothec. When, however, the work cannot be completed due to the owner’s insolvency, jurisprudence states that the end of work date is assimilated to the date of the definitive abandonment of the work.

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How can a contractor protect his claim if he waives his legal hypothec rights?

The construction legal hypothec is a privilege granted by the Civil Code to persons having participated in the construction or renovation of a property. This hypothec originates with the signing of a contract, without having to publish it, and is preserved by its registration in the land register within 30 days of the completion of work. At the signing of the contract however, the owner sometimes will require the contractor, supplier or sub-contractor to waive this legal hypothec.

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