TITLE	Supreme Court en banc Decision 2013Da16992 Decided December 21, 2017¡¼Restitution of Unjust Enrichment¡½ [full Text]
Summary
In a case where a joint mortgagee, who has priority over other rights-holders, is partly apportioned a secured debt out of the proceeds derived from realizing one of the immovable properties provided as joint collateral through either the (i) enforcement of a mortgage by the mortgagee¡¯s own effort or (ii) commencement by another party of the auction, sale, acceptance or rehabilitation procedure (hereinafter ¡°realization procedure¡±), whether the joint mortgagee may exercise a right to preferential reimbursement within the scope of the initial maximum debt amount regarding the remainder of secured debt during the realization procedure of the remaining immovable properties provided as joint collateral (negative) Scope of the right to preferential reimbursement that a joint mortgagee may exercise against the remainder of immovable properties provided as joint collateral (i.e., outstanding maximum debt amount after deducting the amount preferentially reimbursed from the initial maximum debt amount) Whether the same legal doctrine holds true in cases where a secured debt that exceeds the maximum debt amount is not the principal, but rather, the interest and delay damages (affirmative)

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