the owner of the lot of land may not create an easement on the lot without the consent of the usufructuary.
Ar cle 380 An easement may not be transferred separately. Where a right to contractual management of
land, a right to use a lot of land for construc on purposes and the like rights are transferred, the easement
shall be transferred concomitantly, unless otherwise agreed in the contract.
Ar cle 381 An easement may not be mortgaged separately. Where a right to contractual management of
land, a right to use a lot of land for construc on purposes, and the like rights are mortgaged, the easement
shall be transferred concomitantly upon enforcement of the mortgage.
Ar cle 382 Where a right to easement is involved when the dominant land and a right to contractual
management of land, a right to use a lot of land for construc on purposes, and the like rights thereon are
par ally transferred, the transferee is simultaneously en tled to the easement.
Ar cle 383 Where a right to easement is involved when the servient land and a right to contractual
management of land, a right to use a lot of land for construc on purposes, and the like rights thereon are
par ally transferred, the easement is legally binding on the transferee.
Ar cle 384 Where a person en tled to an easement is under any of the following circumstances, the person
who has the right to the servient land is en tled to rescind the easement contract to ex nguish the
easement:
abusing the right to easement in viola on of the provisions of laws or the contract; or
in case of paid use of the servient land, failing to pay the relevant fees despite of receipt of two warning
no ces within a reasonable period of me a er the payment is due according to the agreement.
Ar cle 385 Where a registered easement is altered, transferred, or ex nguished, the registra on of the
change or deregistra on shall be made in a mely manner.
Part Four Security Interests
Chapter XVI General Rules
Ar cle 386 Where a debtor fails to perform his obliga ons due, or any event upon which an security interest
is to be enforced as agreed upon by the par es occurs, the person en tled to the security interest has
priority to be paid from the collateral in accordance with law, unless otherwise provided by law.
Ar cle 387 Where a creditor needs to secure his claims in a civil ac vity such as lending, buying and selling,
and the like, he may create a security interest in accordance with the provisions of this Code and other laws.
Where a third person provides security to the creditor for the debtor, the debtor may be requested to
provide a counter-security. Counter-security shall be governed by the provisions of this Code and other laws.
Ar cle 388 To create a security interest, a security contract shall be entered into in accordance with the
provisions of this Code and other laws. Security contracts include mortgage contracts, pledge contracts, and
other contracts with a func on of security. A security contract is a contract secondary to the principal
contract with the principal claims and obliga ons. Where the principal contract is void, the security contract
is also void, unless otherwise provided by law.
Where a security contract is determined to be void, if the debtor, the security provider, and the creditor are
at fault, they shall each bear civil liability in propor on to their fault.
Ar cle 389 Unless otherwise agreed by the par es, the scope covered by a security interest includes the
principal claim and its interests based on the principal contract, liquidated damages, compensatory damages,
and the expenses arising from safekeeping the collateral and enforcing the security interests.
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