Question juridique clé
Whether an assignment of rents prevents the rents from being used as subsistence funds for the debtor in mortgage enforcement.
Solution extraite
No. The assignment gave the bank a claim to the rents, but the rents did not automatically enter its patrimony; the bank could pursue them by ordinary enforcement, while in mortgage realization the pledgee's privilege and Art. 103(2) LP still allowed subsistence payments to the debtor.
Motifs extraits
The court held that the assignment bound the debtor to pay the bank, not third-party debtors, so the rents were not directly transferred into the bank's assets. Because the bank chose to invoke the legal administration of the mortgaged property, it benefited from the pledge privilege under Art. 806 CC, which did not deprive Art. 103(2) LP of effect. Since the debtor's income did not cover the vital minimum, the rents could be used for maintenance.