Delivery or Restitution Injunction (ID or IR) Analysis
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Delivery or Restitution Injunction, ID or IR, OHADA uniform act, law course, mediation, opposition, creditor, debtor, movable corporeal good, enforceable title, forced execution
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Abstract
This document provides an in-depth analysis of the Delivery or Restitution Injunction (ID or IR) procedure, including its conditions, requirements, and outcomes, as part of a law course on OHADA uniform act.
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[...] Section Conditions related to the object The good, object of delivery or restitution, must be a movable corporeal good. This procedure can only result in a successful outcome when the creditor has proven the right they hold on the good whose ownership they are claiming. - The case of a movable good but immovable by destination. - If at the time of the existence of the obligation, it was movable goods and later become immovable, the good will be removed. [...]
[...] - The conditions for opening a delivery or restitution injunction. Section Conditions related to the claim The creditor does not pursue the payment of a sum of money but the in-kind obligation of a general obligation to do. It is therefore a positive performance (restitution or delivery of a movable corporeal good). The ID can be retained in the sale (sales contract) when the price has been delivered and the good not delivered. We engage the action to request delivery. [...]
[...] - The request contains the identity of the parties - The request indicates the precise designation of the property for which delivery is requested and is accompanied by all supporting documents in original or certified copies. § The decision to deliver or restore 2 cases: Either the request is founded or not. If the request is rejected, there is no appeal (case of the enforceable formula bearing the decision for forced execution for example). But when the request is granted, the creditor has a period of 3 months to notify the act to the debtor. When the debtor becomes aware of it, he has 10 days to object (revised AUPSRVE). [...]
[...] When mediation is successful, the court draws up a signed minutes of proceedings by the parties, the president of the court and the clerk, and the proceedings acquire an enforceable title bearing the enforceable formula capable of forced execution. When mediation fails, the court examines the well-foundedness of the opposition's claim for good or bad. § The decision of the jurisdiction seized on opposition The decision of the jurisdiction rendered on opposition replaces the injunction order to deliver or restore. This decision may be subject to appeal within a period of 30 days from the date of the decision. [...]
