Short answer. Article 2131 does not itself spell out every rule for mortgages. For anything this chapter of the Civil Code does not cover, including how a mortgage is formed, modified, or extinguished, the governing rules come from the Mortgage Law and the Land Registration Law, which supply the registration and enforcement mechanics the Code leaves out.

What the law says

The form, extent and consequences of a mortgage, both as to its constitution, modification and extinguishment, and as to other matters not included in this Chapter, shall be governed by the provisions of the Mortgage Law and of the Land Registration Law.

Civil Code, Article 2131 — Governing Laws. Read the full provision →

What the Civil Code covers, and what it leaves to other laws

This chapter of the Civil Code lays out the substantive law of mortgage as a contract: what a mortgage is, who may constitute one, and what rights it gives a creditor over specific property. It does not attempt to cover the technical side of turning that contract into something binding on third persons and enforceable through the machinery of a public registry. Article 2131 makes that division explicit by naming the Mortgage Law and the Land Registration Law as the source for everything the chapter does not itself address. Put differently, the Civil Code supplies the substantive foundation of a mortgage as a contract, while the specialized registration and foreclosure legislation supplies the procedural detail needed to make that mortgage effective and enforceable against parties who were never privy to the original agreement.

Constitution, modification, and extinguishment

The article specifically flags three stages in a mortgage's life: how it is constituted in the first place, how its terms may later be modified, and how it is eventually extinguished, whether by payment, foreclosure, or some other cause. Each of these stages has procedural requirements, including proper registration with the Registry of Deeds, annotation on the title, and cancellation once the debt is settled, that come from the Land Registration Law rather than from the Civil Code's general contract rules.

Why this matters for a homeowner or lender

For a borrower putting up land as security, or a lender relying on that security, Article 2131 is the reason a mortgage cannot simply be a private handshake agreement. To bind third persons, such as a later buyer of the property, another creditor, or anyone dealing with the title, the mortgage must be constituted and registered the way the Mortgage Law and the Land Registration Law require, not merely agreed between the two original parties.

Where this article sits in the mortgage chapter

Article 2131 is the closing provision of the general chapter on mortgage, sitting just before the chapter on antichresis begins. It functions as a catch-all: after the Code has defined what a mortgage is and what rights it creates, this article makes sure nothing is left unaddressed by pointing every remaining question toward the specialized legislation built for property registration. That catch-all function matters because property law changes over time; rather than amending the Civil Code every time registration procedure is updated, lawmakers can revise the Mortgage Law and the Land Registration Law directly, and Article 2131 ensures the Civil Code automatically defers to whatever version of those laws is currently in force.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.