Explore the effects of seizure on goods, including the unavailability of the goods, the role of the creditor, and the rights of the debtor. Discover the different types of seizure, exceptions to the principle, and the time of seizure.
Extract
[...] § The effects regarding the persons involved in the seizure - The debtor whose goods have been seized: the debtor is seized or is seized. - The creditor who has seized: the seizing creditor. - The seized debtor is declared guardian of the seized goods. - As for the third party, article 38 states that the third party cannot hinder a seizure procedure at the risk of engaging their liability and being condemned to damages and interest due to the seizure. [...]
[...] § Days of the seizure (Art al.1) One can seize every day except Sundays and public holidays. § Time of the seizure (Art al.2) No seizure measure can start before 8am or after 6pm. The law emphasizes the start and not the end, implying that one can go beyond 6pm. § Exceptions to the principle - As for the days of seizure, it can take place on Sundays and public holidays if necessary, but it is subject to the prior authorization of the president of the court of the place where the seizure is to be practiced. [...]
[...] 2 types of seizure: movable seizure and immovable seizure. There are also forms of seizures such as the conservatory seizure of common law and the assignment seizure of debts. Before addressing these different forms of seizure in other files, we will first focus on the effects of seizure on the one hand and on the other hand we will consider the question of the time of seizure. Note by. We will refer to the provisions of the unamended Uniform Act (AUPSRVE) which is soon to be repealed and will therefore be in force in the member states of OHADA. [...]
