Key Benefits:
The Prime Minister,
On the report on the custody of seals, Minister of Justice,
Given the Civil Code;
Given the code of consumption;
Given the currency and financial code;
Given the code of the judicial organization;
Given the code Criminal;
Given the Code of Civil Procedure;
Due to the new Code of Civil Procedure;
In the light of Law No. 91-647 of 10 July 1991 on legal aid;
Law No. 91-650 of 9 July 1991 on the reform of Civil enforcement procedures;
In accordance with Order No. 92-1143 of 12 October 1992 on aid Judicial authorities in the territorial community of Mayotte, as amended by Act No. 98-1163 of 18 December 1998 and Order No. 2003-918 of 26 September 2003;
In view of Order No. 2006-461 of 21 April 2006 reforming the seizure of property, In particular its Articles 23 and 24;
In view of the Decree of 4 February 1911 on the reorganization of the regime of land ownership in Madagascar, as amended by the Decree of 9 June 1931;
In view of Decree No. 55-22 of 4 January 1955 amending the reform of the Land advertising;
In light of Decree No. 55-1350 of 14 October 1955 as amended for the application The Decree of 4 January 1955 on the reform of land advertising;
Having regard to Decree No. 77-742 of 30 June 1977, for the application of Article 10 of the Act of 31 December 1975 on the protection of occupants of residential premises ;
In the light of Decree No. 91-1266 of 19 December 1991 amending Act No. 91-647 of 10 July 1991 on legal aid;
Having regard to Decree No. 92-755 of 31 July 1992, as amended establishing new rules relating to Civil enforcement procedures for the application of Law No. 91-650 of 9 July 1991 Reform of civil enforcement procedures;
Having regard to Decree No. 96-292 of 2 April 1996 amending Order No. 92-1143 of 12 October 1992 on legal aid to Mayotte;
Given the decree n ° 2005-1677 of 28 December 2005 adopted pursuant to Act No. 2005-845 of 26 July 2005 for the protection of enterprises;
The Conseil d' Etat (section of the interior) heard,
Décrète:
The property seizure procedure shall be governed by the provisions of this Decree and the provisions of this Decree Which are not contrary to Decree No 92-755 of 31 July 1992 establishing new rules on civil enforcement procedures for the application of Law No. 91-650 of 9 July 1991 on the reform of civil procedures
Property seizure shall be continued before the judge of the execution of the court of large In the jurisdiction of which the seized building is located.
Where a creditor proceeded simultaneously with the seizure of Multiple buildings of the same debtor located in springs of Several courts of large instance, the proceedings are brought before the court of the execution of the court in whose jurisdiction the seized property where the debtor remains, in the absence, before the judge of the jurisdiction in which the debtor is situated is situated. Buildings
The procedure is initiated by the meaning of the command to pay the input provided for in item 13.
The parties are, unless otherwise provided, to be a lawyer.
A sentence of pronounced inadmissibility, no dispute or incident request shall not, unless otherwise provided, be made after the orientation hearing provided for in Article 49 unless it relates to The acts of procedure subsequent to it. In such a case, the challenge or the obiter application shall be filed within 15 days of notification of the act.
Unless otherwise available, any challenge or incident request is made by the filing of signed findings by a lawyer.
Where the challenge or incident cannot be examined at An orientation hearing, the Registry shall convene the parties to a hearing by letter Recommended with a request for a notification of receipt within 15 days of the filing of the dispute or application.
The examination of disputes and incidental requests shall not suspend the course of the proceedings.
Judgments in disputes or incidental claims are, unless otherwise provided, subject to appeal. The appeal shall be lodged within 15 days of the notification made by the Registry. It shall be judged in accordance with the procedure laid down in the second subparagraph of Article 910 of the new Code of Civil Procedure.
Judgments in disputes or incidental requests shall not be subject to opposition.
A request for distraction from all or part of the seized assets can be made in any case.
Registered creditors and creditors listed in 1 ° bis of Article 2374 and Article 2375 of the Civil Code may, from the publication of the Valent Command and at any time in the proceedings, ask the judge to The enforcement of their subrogation in the rights of the prosecuting creditor, by obiter or verbally at the auction hearing.
Subrogation may be sought in the event of disclaimer of the prosecuting creditor or if there is Negligence, fraud, collusion or any other cause of delay attributable to it.
La Decision rejecting the application for subrogation shall not be subject to appeal unless it terminates the proceedings.
Subrogation shall prevail in the proceedings and in the rights and obligations laid down in the terms of Sale provided for in Article 44.
The prosecuting creditor against whom the subrogation is pronounced is required to furnish the documents of the prosecution to the subrogate who acknowledges receipt thereof. As long as this postponement does not take place, the prosecuting creditor is not discharged from its obligations.
Annulment of the Acts of the property seizure procedure shall be governed by Section IV of Chapter II of Title V of the new Code of Civil Procedure.
The time limits laid down in Articles 18, 40, 44, 48 and 64, as well as the two-and three-month periods provided for in section 38, shall be prescribed by force of the command to pay the seizure.
Any interested party may apply to the enforcement judge for the declaration of the caducity and order, in If necessary, be referred to in the margin of the copy of the command published in the Mortgage Office.
The application is not eligible if the prosecuting creditor warrants a legitimate reason.
The Statement of Caducity May also be reported if the prosecuting creditor submits to the Registry of the judge Of the execution, within 15 days of its delivery, of the legitimate ground that it would not have been able to invoke in due time
A command to pay shall be served on the Debtor at the request of the prosecuting creditor.
The issuance of the command is an act of disposition, carried out at the risk of the creditor.
In the case where a building owned by one of the spouses is the residence of the family, The command shall be denounced to its spouse on or before the first working day Following the service of the act.
When the seizure relates to buildings within the jurisdiction of several Offices of mortgages, it is established a command to pay by spring.
In addition to the information prescribed for Acts of bailiff, the command to pay valant input Includes:
1 ° Formation of attorney of the prosecuting creditor, which wins home election;
2 ° An indication of the date and nature of the enforcement order under which the command is issued;
3 ° The count of the amounts claimed In principal, costs and interest, as well as an indication of the rate of interest;
4 ° The warning that the debtor must pay the said sums within eight days, that in the absence of payment, the procedure at the end of the sale of The building will continue and, for that purpose, the debtor will be summoned to appear at a Hearing of the enforcement judge to rule on the procedure;
5 ° The designation of each property or rights on which the property seizure relates, as required by the rules of land advertising;
6 ° The indication that the command is seized of the property and that the property is not available to the debtor as from the service of the act and with respect to third parties as from the publication of the act in the mortgage office;
7 ° The indication that the command is seized of the fruit and that the debtor is in receivership;
8 ° The indication that the debtor has the option of seeking a purchaser of the property seized in order to proceed with the sale of the property or to give a mandate to that effect and the statement that such sale may nevertheless be concluded only after authorisation by the judge Execution;
9 ° The summons, when the property is the subject of a lease, to have to indicate to the bailiff the name, first name and address of the lessee or, if it is a legal person, its name and its registered office;
10 ° The indication that a bailiff will be able to enter the premises in order to establish a Minutes of description of the building;
11 ° The indication of the territorially competent enforcement judge to know about the seizure procedure and related disputes and claims;
12 ° The indication that the debtor Prior to the application may, for the purposes of the seizure proceedings, be granted legal aid if it fulfils the conditions of the resources provided for by Law No. 91-647 of 10 July 1991 on legal aid and Decree No. 91-1266 of the 19 December 1991 implementing the said law;
13 ° indication, if The debtor is a natural person, if the debtor considers that he or she is in a situation of over-indebtedness, he or she is entitled to refer to the Committee on the over-indebtedness of individuals established by Article L. 331-1 of the Consumer
. Shall act in accordance with a transmission, in any capacity, of the claim contained in the enforceable title of the proceedings, the command shall refer to the act of transmittal unless the debtor has been duly notified to the Prior.
When the command to pay the input is given to the person who has Granted a mortgage on one of its assets to guarantee the debt of a third party, the sum of the sum provided for in the 4 ° shall be extended to one month.
The particulars provided for in this Article shall be prescribed for invalidity. However, the invalidity shall not be incurred on the grounds that the amounts claimed exceed those due to the creditor
The Property Seizure by the Creditors holding a resale right against the holder of the property.
The prosecuting creditor Signify a command to pay to the principal debtor. The act shall contain the statement that the command to pay the entry referred to in the following paragraph shall be issued to the holder.
The command to pay the seizure provided for in Article 13 shall be served on the due diligence of the third-party creditor Holder. It shall contain the particulars listed in Article 15. However, the warning provided for in 4 ° shall be replaced by the summons to have to comply with one of the obligations set out in Article 2463 of the Civil Code within one month and the mention of the debtor at 6 °, 7 °, 8 °, 12 ° and 13 ° shall mean that of the Third party holders. The command recalls the provisions of article 2464 of the Civil Code
The command to pay the input is published in the office of the Mortgages at the location of the building within two months of its service.
Formalities Of advertising shall be governed by Decree No. 55-22 of 4 January 1955. Reform of land advertising and Decree No. 55-1350 of 14 October 1955 made for the application of the decree.
When the execution of the publication formality was delayed due to a rejection raised by the Mortgage Curator, the The two-month period provided for in Article 18 shall be increased by the number of days elapsed between the filing of the command at the Mortgage Office and the execution of the formality. The date of filing shall be recorded in the register provided for in Article 2453 of the Civil Code.
If it is not possible to do so at the time of the requisition, the registrar shall refer to the date of filing of the date of filing.
If the publication of several commandments of the same building is Required simultaneously, only the commandment which mentions the enforceable title bearing the earliest date shall be published. Where the titles bear the same date, only the oldest command shall be published; if the commands are of the same date, only the one whose principal claim is the highest.
When a command to pay input has already been published, there is no need to publish a new command relative to the same asset.
However, if The new command presented to the mortgage office includes more buildings than the It shall be published for any property not included in it. The new prosecuting creditor is obliged to denounce the command published to the previous creditor who will continue the two proceedings if they are in the same state; if not, the latter suspends its own prosecution and follows the new The new creditor will be able to apply for subrogation under the conditions set out in Article 10.
new creditor may apply for subrogation under the conditions laid down in Article 10.
In the cases provided for in Article 20 and in the first paragraph of Article 21, the Mortgage Curator shall mention the action (s) which are not published in the margin of the copy of the previous command published in The order of their presentation, with the name, first name and domicile of the following new prosecutors or, if it is a legal person, its name and its registered office, as well as the representation of the lawyer who represents it.
It indicates Also, on the margins or as a result of the copy of the command presented, its refusal to publish it. It shall also mention each of the commands previously published or mentioned, together with the particulars set out in the preceding paragraph and that of the execution judge responsible for the entry.
The cancellation of the seizure cannot be Operation without the consent of subsequent creditors.
In case of junction of proceedings, the procedure is Continued by the creditor whose command was first published.
If the commands were published on the same day, the procedure shall be continued by the creditor whose command is the first and if the commands are on the same day, by the one whose principal claim is the highest.
The enforcement judge is entitled to the debtor's request that the effects of the seizure be temporarily Restricted to one or more of its buildings where the immovable property establishes that the value of such Property is sufficient to disinterest the prosecuting creditor and the registered creditors. The judgment indicates the buildings on which the proceedings are provisionally suspended. After the final sale, the creditor may resume the proceedings on the goods thus excepted if the price of the goods adjudged is not sufficient to disinterest him.
Where, under the same conditions, the judge orders the cancellation of the seizure on the Estate initially seized that it designates and the recording of a judicial mortgage, the prosecuting creditor, who intends to have the registration rank on the date of the publication of the command to pay the seizure, shall proceed to the Publication of the judgment in conjunction with the copy of the command and the registration of Mortgage, under common law
The unavailability of the property, the seizure of its And the restriction on the rights of enjoyment and administration of the debtor shall run, in respect of the debtor, as from the meaning of the command to pay the seizure.
These effects shall run, in respect of third parties, on the day of publication Command.
In the event that an agreement has been entered into before The publication of the command by the debtor seised in breach of the effects attached to the meaning of the command, its declaration of invalidity shall be declared by the judge at the request of the counterparty
To make it effective against a disposition published subsequent to the command to pay value entered, the The second subparagraph of Article 2200 of the Civil Code must be consigned to the As well as to creditors registered before the auction hearing, without the possibility of a delay in proceeding.
Unless the debtor's expulsion is ordered, the debtor retains the use of the seized property, provided that it does not carry out any material that could affect the value of the property, only for damages and without prejudice, if any The penalties provided for in Article 314-6 of the Criminal
. If the circumstances so warrant, the enforcement judge may, at the request of the prosecuting creditor or the debtor, authorize the completion of certain acts on the seized property.
Fruit capitalized as of the meaning of the command to pay value entered shall be distributed with the price of the building in the same order as the distribution of the This one.
The prosecuting creditor may authorize the seizure to sell the fruit out of court or have it carried out on the authorization of the judge of the execution, the cutting and the sale of the fruit Which will be sold at auction or by any other means within the time that the judge has fixed.
The price is deposited in the hands of the receiver designated by the prosecuting creditor or the Caisse des depot et consignations.
The prosecuting creditor may, by an act of bailiff, refuse to allow the tenant to free himself from the rent and the closing in the hands of the debtor and to make it liable to be paid into the hands of a receiver
payments made to the debtor are valid, and the debtor is in receipt of the amounts received.
The meaning of the command to pay to the third party holder results in the effect attached to the meaning of the command to pay to the debtor.
A failure by the third party to satisfy the The summons given to him, the seizure of immovable property and the sale shall be continued against him in accordance with the arrangements laid down in this Decree.
The Command to Pay Value If, within two years of its publication, it has not been mentioned on the margins of that publication, a judgment recording the sale of the seized property shall not be published.
In the case of refusal of the filing of the command or refusal of the Formality of publication, the two-year period shall only begin to run as from the regularization of the application or the decision referred to in Article 26 of the Decree of 4 January 1955, above.
A The expiry of the period provided for in the foregoing Article and until the publication of the title of sale, any interested party may apply to the enforcement judge to declare the expiry of the command and to order the reference to it on the margins of the Copy of the command published in the mortgage office.
This period is suspended or extended, as the case may be, by The margin of the published command copy of a court order ordering the Suspension of enforcement procedures, rescheduling of the sale, extension of the effect of the command or the decision ordering the auction to be repeated.
At the expiration of eight days from the date of issue of the Command to pay for the seizure and in the absence of payment, the court bailiff may enter the designated places in the command in order to prepare a record of the description, under the conditions laid down in Article 20 And 21 of the aforementioned law of 9 July 1991.
This record includes:
1 ° The description of the premises, their composition and surface area;
2 ° The indication of the conditions of occupation and the identity of the occupants as well as the mention of the rights to which they prevail;
3. Where applicable, the name and address of the Condominium trustee;
4 ° Other useful information about the complex provided by the occupant.
The court bailiff may use any appropriate means to describe the Places and be assisted by any qualified professional if necessary
Within two months of publication to the Command Mortgage Office The creditor suing the debtor to appear before the execution judge at an orientation hearing.
The assignment must be issued within one to three months before the date of the hearing.
In addition to the particulars prescribed by Article 56 of the new Code of Civil Procedure, the subpoena includes, on pain of invalidity:
1 ° The indication of the place, day and time of the execution judge's orientation hearing;
2 ° The indication that the purpose of the orientation hearing is to examine the validity of the seizure, to rule on disputes and incidental requests The procedure will be continued;
3 ° Information that, if the debtor is not present or represented by a lawyer at the hearing, the proceedings will be continued in force on the Only indications provided by the creditor;
4 ° The summons to take Knowledge of the conditions of sale contained in the terms of sale which may be consulted at the Registry of the enforcement judge where it will be filed three working days after the assignment;
5 ° The indication of the Price as set out in the terms and conditions of sale and the possibility of challenging the amount for manifest insufficiency;
6 ° The warning that the debtor may ask the court of enforcement to be allowed to sell the seized property to Mutual agreement if it justifies that a non-judicial sale can be entered into under conditions Satisfactory;
7 ° The indication, in very apparent characters, that a challenge or an incidental claim must be filed at the Registry of the Enforcement Judge at the latest at the hearing;
8 ° The reminder of the provisions of Article 50;
9 ° The indication that the debtor, who is in advance of the request, may benefit from legal aid for the seizure procedure, if he fulfils the conditions of resources provided for by the Act of 10 July 1991 and the aforementioned decree of 19 December 1991.
No later than the fifth business day following the issuance of the assignment to the Debtor, the command to pay for the seizure shall be denounced to the creditors registered on the day of the publication of the command.
The denunciation shall be subpoened at the direction of the execution judge.
In addition to the particulars prescribed by Article 56 of the new Code of Civil Procedure, the denunciation shall include, on pain of invalidity:
1 ° The indication of the place, day and time of the judge's orientation hearing;
2 ° The summons to read the terms and conditions of sale which may be consulted at the Registry of the execution judge where it is filed Three working days at the latest after the date of the assignment of the debtor at the orientation hearing;
3 ° The indication of the price as set out in the terms of sale;
4 ° The summons to report the claims On the seized property, in principal, fees and accrued interest, with the indication of the Rate of moratoria, by act of attorney filed at the Registry of the execution judge, accompanied by a copy of the debt obligation and the registration voucher;
5 ° The reproduction in very apparent characters of Article 46;
6 ° La Reproduction of Article 7.
Denunciation to registered creditors may be made to the homes elected on the Registration slips.
It may be made to heirs collectively Without the designation of the respective names and qualities, at home elected or, failing that, in the home of the deceased
A reference to the issuance of a subpoena and denunciations shall be made on the margins of the copy of the Command to pay the seized value published in the Mortgage Office within eight days of the date of the last service.
On the day of this note, the registration of the command can be removed only from the consent of all creditors Registered or pursuant to a judgment that is effective against them
In the Three working days following the assignment to the seized debtor, the prosecuting creditor shall file at the Registry of the execution judge a terms of sale containing the descriptive state of the building and the terms of the sale. Attached is the copy of the assignment issued to the debtor and a certified mortgage on the date of the publication of the order to pay the value entered.
The terms of sale contain, in particular, a declaration of invalidity:
1 ° The enunciation of the enforceable title according to which the proceedings are carried out;
2 ° The statement of sums owed to the creditor continuing in principal, fees and interest, as well as the indication of the interest rate;
3 ° The statement of the command to pay the value entered with the mention of its publication and other acts and judgments subsequently made;
4 ° The designation of the property seized, the origin of the property, the easements in the building, the Leases granted on it and the minutes of description;
5 ° Conditions of the judicial sale and the price set by the prosecuting creditor;
6 ° The designation of a receiver of the funds from the sale or the Caisse des depot et consignations, the consignee of the funds.
The terms and conditions of sale are developed under the responsibility of the prosecuting creditor.
It can be consulted at Registry of the enforcement judge.
Subject to the provisions of Article 2206 of the Code The provisions of the terms and conditions of sale can be challenged by any interested party
The time limit in which the registered creditor was denounced The command to pay the seizure must account for the claim is two months from the date of the denunciation.
However, the creditor who warrants that his failure is not his or her fact may apply to be authorized to declare his claim After the prescribed period. The judge shall decide by order on a motion which shall be filed, not inadmissibility, no later than fifteen days before the date fixed for the hearing of the award or finding of amicable sale.
Creditors who entered their security on the building after the command was issued to pay the value entered, but before the publication of the sale, May intervene in the proceedings by declaring their claim, arrested in Principal fees and accrued interest on the day of the return. On pain of inadmissibility, the declaration shall be made by an act of attorney lodged at the Registry of the execution judge within 15 days of the entry and shall be accompanied by a copy of the debt obligation, the registration slip and a statement Mortgage on the date of registration. The declaration shall be denounced, in the same form, on the same day or on the first working day, to the creditor prosecuting and to the debtor.
The prosecuting creditor shall be provided by the Registry with copies of the claims filed and shall, without prejudice to claims made pursuant to the second paragraph of Article 46 and Article 47, a statement of Ordered claims according to their rank which must be submitted to the Registry 15 days at the Less prior to the date fixed for the hearing of the award or finding of amicable sale.
At the hearing Judgment, the judge of the performance, after hearing the parties present or represented, verifies that the conditions of Articles 2191 and 2193 of the Civil Code are satisfied, rules on any disputes and requests incidental and determines The procedure for the continuation of the procedure, by authorising the sale Amicable at the request of the debtor or by ordering the forced sale.
When authorising the amicable sale, the judge shall ensure that it can be concluded in satisfactory conditions, taking into account the situation of the good, the economic conditions of the The debtor's market and possible due diligence.
The debtor's request for suspension of the seizure procedure Property due to its overindebtedness situation is formed in The conditions laid down in Article R. 331-14 of the Consumer Code.
The debtor's request for the authorisation of the amicable sale of the building and the acts resulting from that sale shall be provided by the Ministry of Legal Affairs. This request may be made orally at the orientation hearing.
The orientation judgment refers to the amount Retained for the debt of the principal prosecutor in the main, fresh, interest and other accessories.
The judgment of the orientation is Subject to appeal within 15 days of his Notification by the Registry.
The request for the amicable sale of the building may be presented and judged before the Service of subpoena at the orientation hearing, subject to the obligation of the debtor to challenge the registered creditors of the property.
The decision that makes the application suspends the course of the proceeding.
The execution judge authorizing the amicable sale determines the amount of the price below which the building cannot be sold in respect of the economic conditions of the market as well as, the case
The judge charges the prosecution fee at the request of the prosecuting creditor.
It fixes the date of the hearing to which the case will be recalled within a period of not more than four months.
A That hearing, the judge may grant an additional time limit only if the applicant Justifies a written undertaking of acquisition and that, at the end of the day, the authentic act of sale can be drawn up and concluded. This period may not exceed three months.
The debtor must carry out the necessary diligences to conclude the sale Friendly.
creditor may, at any time, summon the debtor before the judge for the purpose of seeing his deficiency and order the resumption of the proceedings. Procedure on forced sale.
When the resumption of proceedings is subsequent to the orientation hearing, the judge shall fix the date of the award hearing to be held within a period of between two and four months. The decision shall be notified to the seized debtor, the prosecuting creditor and the registered creditors.
The decision ordering the resumption of the proceedings is not subject to appeal.
The sale price of the complex and any amount paid by the recipient in any capacity are recorded and acquired from the creditors participating in the distribution and, If applicable, to the debtor for distribution.
In case of default Conclusion of the sale of the fact of the purchaser and subject to the laws or regulations relating to its right of withdrawal, the payments made by it shall remain recorded in order to be added to the selling price in the Distribution.
The notary responsible for establishing the deed of sale may obtain, against receipt, the surrender by the creditor Continuing with material gathered for the development of the Conditions of sale.
Taxed fees are paid directly by the purchaser in addition to the selling price.
At the hearing That the case is recalled, the judge shall ensure that the act of sale complies with the conditions laid down by it, that the price has been recorded and that the ordered state of the claims has been drawn up. He notices the sale only when these conditions are met. It then orders the cancellation of the mortgage and lien registrations of the head of the debtor.
The judgment thus rendered is not subject to appeal.
The Registrar of Mortgages who makes the decision in fact Mention in the margin of the publication of the copy of the command and proceeds to write the corresponding entries.
In the absence of an amicable sale, the judge orders the forced sale under the conditions laid down in the third and Fourth paragraphs of Article 55.
When the execution judge orders the forced sale, it shall fix the date of the hearing to which it shall be carried out within a period between two and four
judge shall determine the arrangements for the inspection of the building at the request of the prosecuting creditor.
On the specified day, the creditor prosecuting or, at Failure, any registered creditor, then subrogated in the proceedings, solicits the sale.
To that end, and to the extent of inadmissibility found of its own motion, the creditor justifies the filing of the ordered status of the claims under the conditions laid down in the article 48.
If no creditor solicits the sale, the judge determines the command's caducity to pay. In this case, the defaulting creditor retains the full amount of the seizure costs incurred, unless the specially motivated judge decides otherwise.
Forced sale can only be carried forward for a case of force majeure or on the request of the over-indebtedness commission formed pursuant to article L. 331-5 of the Consumption.
When forced sale is returned to a subsequent hearing, a new advertisement is made in the forms and times of the first forced sale.
Forced sale is continued after advertising to allow for as many bidders as possible Under the conditions set out in this section.
Forced sale is announced at the initiative of the prosecuting creditor within one to two months before the auction hearing.
A That purpose, the prosecuting creditor shall draw up a notice, deposit it at the Registry of the court of enforcement so that it shall be posted without delay in the premises of the court, in a location easily accessible to the public, and shall publish it In one of the legal advertisements published in the district of Location of the property seized.
The notice states:
1 ° The names, prenames and domicile of the prosecuting creditor and his lawyer;
2 ° The description of the property seized and a summary description indicating its nature, possible occupation and all known elements relating to its area thus Where applicable, the dates and times of the visit;
3 ° The amount of the price;
4 ° Day, time and place of sale;
5 ° The indication that the auction can be carried only by a lawyer registered at the Bar of the Court of Large instance of the place of sale;
6 ° The indication that the terms of sale May be consulted at the Registry of the Enforcement Judge.
The notice published in the legal notice journal shall not contain any other mention.
The notice posted must be in characters whose height cannot be less than that of the body 30, on A3 (40 x 29.7 cm) format.
Within the time limit referred to in Article 64 and due diligence of the prosecuting creditor, a Simplified notice is affixed to the entry or, failing that, at the limit of the property seized And published in two periodic editions of local or regional newspapers, at the rate of ordinary ads.
This notice states, excluding the forcible nature of the sale and the identity of the debtor:
1 ° The sale at public auction of the building;
2 ° The nature of the building and its address;
3 ° The amount of the price;
4 ° Day, time and place of sale;
5 ° The indication that the terms of reference
format and size of the characters of the notice on the building are identical to those referred to in section 64.
It is justified The insertion of notices in the newspapers by a copy of the notices and the notice given instead of the building by a statement by counsel for the prosecuting creditor.
On the first working day following the sale and out of the case where it is made after the auction, an excerpt from the minutes of the hearing, with reference to the award price and the Fees charged, is displayed by the Registry at the hearing room door during the course of the course The
shall refer to the summary description of the building as set out in the original notice, the price of the sale and the charges taxed and the indication of the Registry competent to receive the offers of Over a period of 15 days after the sale to train them.
In the event of an auction or reiteration of the The new sale is preceded by common law advertising.
A creditor prosecuting or registered creditors may, without having to obtain the authorization of the judge, use all Additional means of information to announce the sale. Such means shall not entail any costs to the debtor or disclose the forced character of the sale or the name of the debtor.
The enforcement judge may be seized by the prosecuting creditor, one of the registered creditors or the party in a motion to develop, restrict or supplement the advertising measures set out in sections 64 to 68.
The request shall be made, as the case may be, at the orientation hearing, two months at the Later before the auction hearing or within two working days of the sale.
The judge shall take into account the nature, value, situation of the building and any other special circumstances.
It may In particular order:
1 ° Que be assistant to the references provided for in sections 64 and 65 any other indication or document relating to the building;
2 ° That the advertising measures are carried out by other means of communication that it indicates;
3 ° That the notices Referred to in sections 65 and 67 shall be posted at the place that it designates in the communes of the situation of the goods.
Where the judge rules by order, his decision is not subject to appeal.
The advertising measures ordered by the judge pursuant to the foregoing Article shall be carried out on the due diligence and expense of the party requesting it.
Cannot be an enchant, either by themselves or by interposed people:
1 ° The debtor seised;
2 ° Court officers who intervened in any way in the proceedings;
3 ° Magistrates of the jurisdiction to which the sale is to be continued
Auctions must be carried by the Department of a lawyer.
Counsel must be Registered to the bar of the court of large instance before which the sale is continued.
It can carry only one mandate.
Before you raise the auction, the lawyer is Return by its principal and against receipt of an irrevocable bank deposit or a bank check to the order of the receiver or consignee named in the terms of sale, representing 10 % of the amount of the prize.
Le Reproduces the provisions of the third and fourth paragraphs of this Article.
The amount cashed by the receiver or the consignee shall be returned immediately after the conclusion of the auction hearing to the bidder who has not been declared Contract awardee.
Where the contract awardee fails, the amount paid or Security is granted to the creditors participating in the distribution and, where applicable, to the debtor for distribution with the price of the building.
The prosecution costs duly substantiated by the prosecuting creditor and, where appropriate, by the surer, shall be taxed by the judge and publicly announced before the opening of the auction. It cannot be required beyond the amount of the tax. Any contrary stipulation shall be deemed to be unwritten.
The judge shall recall that the auctioning shall set out the amount of the Price fixed, as the case may be, in the terms of sale or by the judicial decision provided for in the second subparagraph of Article 2206 of the Civil Code.
Auctions are pure and simple.
Each auction must cover the auction preceding it.
Auctions are stopped when three minutes have ended Since the last auction. This time shall be counted by any visual or aural means which shall indicate to the public each minute elapsed.
The judge shall see on the field the amount of the last auction, which shall prevail.
A final bidder is required to declare to the Registrar, prior to the outcome of the hearing, the identity of his or her principal.
In the absence of an auction and when the amount of the price has been modified by the judge, the property is immediately put on sale on successive drops of that amount, if any, up to the amount of the initial price.
The provisions of this Section shall be prescribed only for the nullity of the auction
Any new bid on a regular basis covers the nullity of the previous auction.
The nullity of the last auction will automatically nulliate the auction.
Auction validity challenges are verbally formed at the hearing by a lawyer's department. The judge shall decide on the field and, where appropriate, shall immediately resume the auction under the conditions laid down in Article 76
The recording of the price to which the winner is held pursuant to Article 2212 of the Civil Code must be effected within two months from the date of final award, as soon as the auction is repeated. After this period, the selling price is increased by full interest at the legal rate until the price is fully recorded.
When the funds are sequestered, they produce interest at a rate set by the terms of sale and may not be less than the interest rate used by the Caisse des Depots et consignations. Interest shall be vested in the creditors and, where appropriate, the debtor, for distribution with the price of the building.
After the publication of the sales title and in the light of a mortgage, the first-ranking creditor in the ordered status of the claims may apply to the receiver or consignee to be paid for the principal amount of his or her Receivable.
Interest, costs and accessories of this claim are paid Once the distribution project has become final.
Any contrary stipulation is deemed not to be written.
Fees Charges shall be paid by the contract awardee by priority in addition to the price. Proof of this shall be provided to the Registry before the expiration of two months from the date of final award, or the auction shall be repeated.
Any contrary stipulation shall be deemed to be unwritten.
In addition to the notices prescribed for any judgment, the award judgment shall apply to the judgment, the adjudication of disputes, and The terms of sale. It refers to the creditor pursuing and, where appropriate, the subrogated creditor in his rights. It shall mention the formalities of advertising and their date, the designation of the building awarded, the date and place of the forced sale, the identity of the contract awardee, the price of the award and the amount of the taxed costs. It shall contain, where appropriate, the challenges it determines.
The award judgment shall be notified by the Registry to the A creditor pursuing, the debtor, the registered creditors, the contract awardee, and any person who has raised a challenge determined by the decision.
Only the award judgment that decides on a challenge is subject to appeal, Of that Chief, within 15 days of his notification.
The sales title consists of the shipment of the terms and conditions of sale covered by the binding formula, to the After which the award judgment is transcribed.
The sales title shall be issued by the Registrar at The contract awardee. It is also, at its request, to the creditor pursuing the formalities of advertising the title in the absence of due diligence by the successful tenderer.
In any event, a copy of the sales title shall be addressed to the debtor and to the debtor.
If the forced sale includes several lots, a shipment is issued by acquirer.
The release of the fee is appended to the sales title.
The title Sale shall be published in the Mortgage Office in accordance with the rules for judicial sales, at the request of the purchaser or, failing that, of the creditor continuing the distribution.
Except where the terms of sale provide for the maintenance at the debtor's premises, the contract awardee may execute the eviction title available to him or her Of the seized power and of any occupant of his or her chief who has no rights Effective against the recording of the price and the payment of the taxed costs.
At the request of the tenderer, the judge of The execution, which notices the purging of the mortgages and privileges taken on the head of the debtor's property, orders the cancellation of the corresponding entries in the mortgage office.
The order is not subject to appeal.
Any person may bid at least one tenth of the main selling price.
Surbid shall be made by act of attorney and lodged at the Registry of the execution judge within 15 days of the invitation to tender. It is a request for the fixation of an auction hearing.
The lawyer must certify that he has received an irrevocable bank deposit or a bank cheque from the tenth of the main selling price.
The statement of the May not be retracted.
No later than the third business day following the statement of the By an act of bailiff to the creditor prosecuting, to The contract awardee and the seized debtor, on pain of inadmissibility. The act of denunciation shall refer to the provisions of Article 7 and the second paragraph of this Article; a copy of the certificate provided for in the second paragraph of Article 95 shall be attached.
The validity of the surbid may be challenged in the 15 days of denunciation.
The hearing of an auction shall be fixed by the execution judge at a date in a Two to four months after the statement of the bid.
In case of Challenge to the statement of bid, this period shall run from the date of the decision to reject.
The debtor seised, the creditor continuing, the registered creditors, the contract awardee and the surer are notified by the Registry of the Date of the hearing by registered letter with a request for notification of receipt.
Advertising formalities shall be carried out at The diligence of the surbidder, on the price modified by the
The charges they generate are taxed and included in the selling price.
On the day of the hearing, the Shall be included in the conditions set out in Articles 72 to 82, on the modified pricing by the auctioneers.
If this excess bid is not covered, the auctioneers shall be declared the contract awardee.
No surbid may be Received on the second auction.
Default for the awardee to pay within the prescribed time the price or charge charges, the property is put on sale at the request of the prosecuting creditor, A registered creditor or the seized debtor, on the terms of the first forced sale.
Any person who continues the Repeat auction is issued by the Registry a certificate Stating that the contract awardee has not justified the recording of the price or payment of the charges.
The person who continues the auction shall mean the certificate to the contract awardee, the contract awardee and, where applicable, the creditor Having applied for the sale.
In addition to the particulars prescribed for the bailiff proceedings, the meaning given to the acquirer contains, on pain of invalidity:
1 ° The summons to have to pay the price and the costs of the sale within eight days;
2 ° The reminder of the provisions of the second paragraph of Article 2212 of the Civil Code and Articles 7, 83, 86, 102, 103 and 106 of this Decree.
The successful tenderer may challenge the certificate within 15 days of service. The decision of the enforcement judge on this challenge is not subject to appeal.
For The successful bidder to satisfy the summons, the building is put up for sale by way of a new auction.
The new sales hearing is determined by the execution judge at the request of the party continuing the sale. Reiteration of the auction, on a date within two to four months after the Date of service of the certificate of the registry to the recipient.
In the event of a challenge to the certificate provided for in section 101, this period shall run from the date of the rejection decision.
The debtor seised, the creditor prosecuting, the creditors Registered and the failing awardee shall be notified by the Registry of the date of the hearing by registered letter with the request for notification of receipt.
Advertising formalities are repeated In the forms and conditions set out in Articles 64 to 69.
They shall also include the amount of the award.
On the day of the hearing, the auction is repeated under the conditions set out in sections 72 to 82.
The defaulting awardee of the initial sale retains the Costs taxed at this auction. After a period of two months following the auction, interest at the legal rate on the auction shall be held until the new sale.
The contract awardee at the end of the new auction shall bear the costs thereof.
The distribution of the price of the building shall be continued at the request of the striking creditor, or Its default, the most diligent creditor or the debtor.
The judge of the execution territorially competent for Know about the real estate seizure procedure remains competent for Know about the distribution process.
Sections 5 to 12 are applicable to the distribution process.
The costs of the distribution process, except for disputes or claims, are advanced by the party Requesting distribution and taken by priority to all others.
The procedure for the distribution of the price of the building governed by this Title shall apply, unless otherwise provided, to The distribution among creditors of the price of a building sold outside of any enforcement proceeding, after the registration is purged.
In this case, the proceedings shall be continued by the most diligent party before the court of large instance
Jurisdiction means a receiver of funds, unless consignment Is ordered. The remuneration of the receiver shall be levied on the funds to be allocated and borne by the creditors, on a pro rata basis to each of them. In case of dispute, this remuneration shall be fixed by the court
Where there is only one creditor meeting the requirements of Article 2214 of the Civil Code, It sends a request for payment of its debt to the receiver or consignee by registered letter with the request for a notice of receipt, within two months of the publication of the title of sale
When the distribution follows a property seizure, the request Shall be accompanied by a certified mortgage on the date of the publication of the command to pay the seizure, a copy of which shall be in accordance with the binding formula of the judgment and, as the case may be, the judgment of the award or judgment Declaration of the end of the proceedings to which a copy of the friendly contract of sale is annexed and of a certificate of the Registry of the Execution Judge certifying that no creditor registered after the date of the publication of the command has intervened In the procedure. The certificate of the Registry shall not be issued before the expiration of 15 days after the publication of the title of sale.
The receiver or consignee shall make the payment in the month of the application. At the expiration of this period, the sums due bear interest at the legal rate.
Within the same period, the debtor shall inform the debtor of the amount paid to the creditor and, where appropriate, remit the balance to the
. Payment if the documents produced demonstrate the existence of another creditor meeting the requirements of Article 2214 of the Civil Code. In the event of a dispute, the enforcement judge is seized by the prosecuting creditor or the debtor.
Where it exists Several creditors meeting the requirements of Article 2214 of the Civil Code, the following party shall, within one month after the publication of the title of sale, notify a request for the updating of the claims to the registered creditors, and, if it has Knowledge, to creditors listed in paragraph 1 bis of Article 2374 and to Article 2375 of the Civil Code.
The updated count shall be produced by legal counsel within 15 days of the request made. Failing that, the creditor shall be deprived of the interests subsequent to the declaration provided for in 4 ° of Article 41 of this Decree.
Notwithstanding the lapse in the distribution procedure under Article 2215 of the Civil Code, the Creditors who are required to declare their claim and who have failed to do so may do so in the forms provided for in the preceding paragraph for the purpose of allocating the balance.
Party The following is developing a distribution project. To this end, it may call creditors.
The distribution project is established and notified to creditors Referred to in Article 113 and the debtor within one month of the expiration of the time limit for creditors to update their debt.
A penalty of invalidity, the notification Notes:
1 ° That a reasoned challenge may be formed by act of counsel to counsel, with the following party, together with the necessary supporting documents;
2 ° That in the absence of a challenge within 15 days of receipt Of the notification, the project shall be deemed to be accepted and shall be submitted to the execution judge for approval.
A Failure to challenge or claim within 15 days after Receipt of the notification, the following part, or, failing that, any party to the distribution project, shall seek its approval by the judge. On pain of inadmissibility, the request must be filed within 15 days from the expiration of the previous period.
The execution judge shall give effect to the proposed distribution after verifying that all creditors Parties to the proceedings and the debtor have been able to claim their disputes or claims within the time limit laid down in Article 116.
When the distribution project is the object Of a dispute, the applicant shall convene the creditors party to the proceedings and the debtor. Interested parties must be brought together within a period of between 15 days and one month following the first challenge.
If the creditor parties to the proceedings and the debtor reach an agreement on the distribution of the price and, where the application of Article 111, on the release of entries and publications is made, a record of the agreement shall be drawn up Signed by creditors and the debtor.
A copy is given or addressed to the
At the request of the most diligent party, the execution judge shall give effect to the minutes of agreement on the production of the agreement, after verifying the regularity of the agreement.
The notices and summonses to which this Chapter gives rise are made in accordance with the rules of notification between lawyers. Article 652 of the new Code of Civil Procedure shall apply.
To the requests referred to in Articles 117 and 119 Are attached:
1 ° Post-publication mortgage status;
2 ° Proof of receipt of the distribution project;
3 ° The distribution project or the minutes of agreement containing, where applicable, release authorization Entries and deregistration of the command to pay input.
When the sale price comes from a property seizure, it is also attached:
1 ° The terms of sale;
2 ° Direction judgment;
3 ° As the case may be, the judgment recording the sale to which the copy of the contract of sale is attached or the award judgment.
The order on the Request is not subject to appeal
In the absence of minutes of agreement paved with the binding formula, the following part Shall refer the draft distribution to the judge of the execution, a record of the difficulties encountered and any relevant documents.
In the absence of due diligence of the following party, any interested party may Judge of the execution of a petition for the purposes of judicial distribution. Where the distribution relates to amounts arising from a seizure, the application shall be made in accordance with Article 7. Failing this, it is formed by subpoena.
Where there is a breakdown of the price of several buildings sold The judge, at the request of the parties or ex officio, may appoint an expert by order. The judge shall fix the time limit in which the expert shall file his report in the light of which the ventilation shall be imposed.
The Determines the condition of the distributions and determines the distribution fee. Where appropriate, the judge shall order the cancellation of the entries of the mortgages and privileges on the building of the debtor's chief
The receiver or the consignee shall make the payment of the creditors and, where applicable, the debtor, In the month of the notification made to it, as the case may be, of the approved distribution project or of the minutes of agreement of the declaration of enforceability or of a copy covered by the binding declaration of the decision laying down the state of Distribution
The new code Civil procedure shall be amended in accordance with the provisions of Articles 127 to 131.
In the fifth paragraph of the Article 58, the word: " Names " Is replaced by the words: " Name, first names ".
In Article 1278, the words:" Articles 701, 705 to 707, 711 to 713, 733 to 741 b and 742 of the Code of Civil Procedure ' Are replaced by the words: " The provisions of Articles 72 to 82, 87, 89, 90, 100 to 106 of Decree No. 2006-936 of 27 July 2006 concerning procedures for the seizure and distribution of the price of a building ".
In Article 1279, the words:" Ten " And " Articles 708 to 710 of the Code of Civil Procedure ' Are replaced by the words: " Fifteen " And " By the provisions of Articles 94 to 99 of Decree No 2006-936 of 27 July 2006 concerning procedures for the seizure and distribution of the price of a building '.
In Article 1281-1, it is inserted after the words: " Between creditors ", the words:" And outside the case of the sale of a building.
It shall be inserted after Chapter V of Title II Book III a Chapter VI as follows:
"Chapter VI
" Purge of
mortgages and privileges by third party holder
" Art. 1281-13. -The third party holder shall make the notification provided for in Article 2478 of the Civil Code by act of bailiff
Art. 1281-14. Article 2480 of the Civil Code shall notify the instrument of requisition referred to in Article 2480 of the Civil Code by an act of bailiff. This act contains, on pain of nullity, the appointment of counsel for the applicant
The act of requisition for sale at auction shall include the attestation by counsel for the creditor that he has been given, in application of the 5 ° of the same article, an irrevocable bank deposit or any equivalent guarantee, precisely stated.
" Art. 1281-15. -The requisition for the auction of the building may be challenged by subpoena before the High Court in the jurisdiction of which the building is
. Such a subpoena shall, as a matter of inadmissibility, be filed within 15 days of the notification of the act of requisition
If the dispute is admitted, the act of requisition shall be declared invalid and the third party held in its rights shall be held unless other creditors have been auctioned by other creditors
Article 1281-16. -At the expiration of the challenge period, the auction hearing shall be fixed by the President at the request of the prosecuting creditor, on a date within two to four months following the
. The order shall be notified by registered letter with the request for notification of receipt to the holder and the debtor.
" Article 1281-17. Article 63 to 71 of Decree No. 2006-936 of 27 July 2006 concerning the procedures for the seizure of property and the distribution of the price Of a building and by Article 2206 of the Civil Code, with the accuracy of the amount of the bid.
" Article 1281-18. -The auction shall be carried out in accordance with the conditions laid down in Articles 72 to 91 of the same
. No overbidding can be received.
" The repeated auction may be continued under the conditions set out in Articles 100 to 106 of the same Decree.
" Article 1281-19. -In the event of a failure by the prosecuting creditor or the holder, the subrogation may be requested by the creditors registered in the forms provided for in Article 10 of the same
. The secured creditor remains subject to its guarantee in spite of the subrogation.
The Civil Procedure Code Is amended in accordance with Articles 133 to 138.
Titles IV of Book I and VII of Book II of Part Two, The word: " Admitted " Is replaced by the word: " Lawyer ".
A section 970, references:" 954 " And " 955 " Are replaced by the references respectively: " 1272 of the new Code of Civil Procedure " And " 1273 of the new Code of Civil Procedure ".
Article 971 is amended as follows:
I.-In the first subparagraph, The words: " , which shall be sworn in as stated in Article 956." Are deleted.
II. -The second paragraph is deleted.
The first subparagraph of Article 972 is replaced by the following provisions :
" The sale is carried out under the conditions laid down in Chapter IV of Title II of Book III of the new Code of Civil Procedure, adding in the specification: "
Article 973 is amended as follows:
I.-The third paragraph is replaced by the following:
" The judgment which will intervene may be challenged only by means of the appeal, in the forms and time-limits prescribed by Article 8 of Decree No. 2006-936 of 27 July 2006 concerning the procedures for the seizure and distribution of the price of a Building. "
II. -The sixth and seventh paragraphs shall be replaced by the following paragraph:
The surbid may be subject to the conditions laid down in Article 1279 of the new Code of Civil Procedure. "
Section 988 is amended as follows:
I.-In the first paragraph, the words:" In respect of the sale of immovable property belonging to minors' Are replaced by the words: " In Chapter IV of Title II of Book III of the new Code of Civil Procedure
. -The second paragraph is deleted
In the second paragraph of article R. 811-6 of the code of the judicial organization, between words: " However " And " When " Insert the words: " With the exception of the property entry procedure, "
The consumption code is modified in accordance with sections 141 to 145.
Section R. 331-14 is amended as follows:
I.-In the first paragraph of the I, the words: Or, after the publication of a command to pay for the purposes of seizure, at the Registry of the property seizure judge " Are deleted.
II. -In the first paragraph of II, the words: The summons provided for in Article 689 of the Code of Civil Procedure (former) ' Are replaced by the words: " Subpoena for the purpose of appearing at the trial judge's orientation hearing ".
III. -The second paragraph of II is replaced by the following provisions:
" If the Commission considers it appropriate to apply the third paragraph of Article L. 331-5, it shall refer the application to the enforcement judge who is aware of the real estate of a request for remission of the sale addressed by registered letter with a request for notification of the Receipt or delivery to the Registry, at least fifteen days before the scheduled date of sale. This request shall contain the particulars provided for in the second paragraph of the above paragraph and shall also specify the serious and duly justified reasons given in support of the application. "
The fifth paragraph of Article R. 331-15 is replaced by the following:
" The judgment on the surrender of the forced sale shall be notified by registered letter with the request for a notice of receipt by the Registry of the execution judge who knows of the property seizure, the commission, the debtor and the creditor Continuing and to registered creditors. "
The first paragraph of Article R. 332-26 is replaced by the following:
" The sale on seizure is subject to the provisions of Decree No. 2006-936 of 27 July 2006 concerning the procedures for the seizure and distribution of the price of immovable property, to the extent that the provisions of This section. "
Article R. 332-27 is amended as follows:
I.-In the second paragraph, the words:" The fourth paragraph of Article 706 of the Code of Civil Procedure ' Are replaced by the words: " In Article 80 of Decree No. 2006-936 of 27 July 2006 concerning procedures for the seizure and distribution of the price of a building '.
II. -In the third paragraph, the words: To the 4 °, 5 °, 6 ° and 7 ° of the second subparagraph of Article 673 of the Code of Civil Procedure ' Are replaced by the words: " To the 1 °, 5 ° and 10 ° of Article 15 of Decree No. 2006-936 of 27 July 2006 concerning procedures for the seizure and distribution of the price of a building ".
The first paragraph of Article R. 332-29 is replaced by the following:
" The judgment delivered pursuant to Article R. 332-27 shall be substituted for the command to pay for the seizure and shall be issued to the liquidator, in the office of the mortgaged of the place of situation of the goods, under the conditions laid down for that judgment. Command.
Article R. 518-34 of the Monetary and financial code is amended as follows:
I.-In the first paragraph, the words: Required by order " Are replaced by the words: " As a result of a procedure for distributing the sale price of a building ".
II. -In the last paragraph, the words: Of Article 773 of the Code of Civil Procedure on consignments' Are replaced by the words: " Articles 112 and 125 of Decree No. 2006-936 of 27 July 2006 concerning the procedures for the seizure and distribution of the price of a building ".
A l' article 37 of the Decree of 14 October 1955, the words: " Show cause to pay or leave " Are replaced by the words: " Command to pay or leave ", the words" , or summons in lieu, "" Or show cause " Are deleted and the words: " Article 680 of the Code of Civil Procedure ' Are replaced by the words: " Article 22 of Decree No. 2006-936 of 27 July 2006 concerning procedures for the seizure and distribution of the price of a building.
In section 79 of the Order:
I.-The words: " Prescribed by Article 674 of the Code of Civil Procedure " Are replaced by the words: " Command to pay input ".
II. -The words: Without carbon paper interposition " Are deleted.
In section 80 of the Order, the 1 ° to 7 ° are replaced by the following:
" 1 ° The Curator's refusal to publish another command pursuant to Article 22 of Decree No. 2006-936 of 27 July 2006 concerning procedures for the seizure and distribution of the price of a building;
" 2 ° The subpoena at the orientation hearing and its denunciation to creditors;
" 3 ° Orientation judgment;
" 4 ° The judgment extending the time to tender;
" 5 ° The formality of advertising the act of amicable sale or of the title of sale;
" 6 ° Publication of the judgment or order prescribing the cancellation of the entries;
" 7 ° Radiation;
" 8 ° In general terms, the various acts of the procedure relating to the command, such as the subrogation in the proceedings, the judgment giving the distraction of all or part of the buildings, seized etc. ; ".
Article 7 of the aforementioned Decree of 30 June 1977 is amended as follows:
I.-The third paragraph of the Paragraph I is replaced by the following:
" When the award is postponed, a new convocation shall be convened within the time limits and forms provided for in the preceding paragraph. "
II. -In paragraph V, the words: Mad bid pursuit " And " Within the time limits laid down in Article 736 of the Code of Civil Procedure and in fixed forms' Are replaced by the words: " Reiteration of auctions " And " Within the prescribed time and form ".
The second subparagraph of Article 289 of the aforementioned decree of 31 July 1992 is Deleted.
In the first paragraph of Article 290 of the same decree, the words: " Identifies the points of disagreement " Are replaced by the words: " Draw up a report setting out the difficulties encountered.
The decree of 28 December 2005 referred to above Application of the Act of 26 July 2005 for the safeguarding of undertakings is amended in accordance with the provisions of Articles 154 to 165.
Section 94 is modified as follows:
I. In the first paragraph, the words: " Of the current order and the security procedures, apart from all procedures " Are replaced by the words: " Distribution of the sale price of a building and the procedures for the distribution of the sale price of a piece of furniture that does not follow a proceeding
. -In the third paragraph, the words: The purchaser of the immovable which is the subject of the procedure referred to in the first subparagraph has paid a final price by the purging or by the exemption from doing so, he " Are replaced by the words: " The procedure for the distribution of the sale price of a building referred to in the first subparagraph was opened in accordance with the conditions laid down in the first paragraph of Article 111 of Decree No. 2006-936 of 27 July 2006 on property seizure procedures and Distribution of the price of a building and the recipient has completed or failed to carry out the purge process, ".
III. -In the third paragraph, the reference: Article 713 of the Code of Civil Procedure ' Is replaced by the reference: " Article 2209 Civil Code ".
IV. -The following fifth and sixth subparagraphs are added:
" The Registrar shall convene the creditors who have not released their entries, at home elected, by registered letter with a request for notification of receipt. The invitation shall contain an indication that they have a period of thirty days from receipt of the recommended letter to oppose the payment of the price by declaration at the Registry or by registered letter with a request for an opinion from the Receiving.
" The judge shall rule on the oppositions and order the cancellation of the entries. "
I. -In the first paragraph of Article 268, the words: Or authorize " Are deleted and the words: " Real estate or an amicable settlement " Are replaced by the words: " Court or court award ".
II. -In the second paragraph of Article 271, the words: Or authorized " Are deleted.
In the second paragraph of Article 269, the words: " The order supersede the command provided for in Articles 2217 of the Civil Code and 673 of the Code of Civil Procedure " And " Command in Article 674 of the Code of Civil Procedure " Are replaced by the words: " The order produces the effects of the command provided for in Article 13 of Decree No. 2006-936 of 27 July 2006 on the procedures for the seizure and distribution of the price of a building " And " Said command ".
In Article 273, the words:" On property seizure " And " Title XII of Book V of the Code of Civil Procedure, with the exception of Article 692 of the Code ' Are replaced by the words: " By way of a judicial award " And " Title I of Decree No 2006-936 of 27 July 2006 concerning procedures for the seizure and distribution of the price of a building '.
In Article 274, the words: " Real estate seizure " And " 4 °, 5 °, 6 ° and 7 ° of the second subparagraph of Article 673 of the Code of Civil Procedure ' Are replaced by the words: " Judicial award " And " 1 °, 5 °, 10 ° of Article 15 of Decree No 2006-936 of 27 July 2006 concerning procedures for the seizure and distribution of the price of a building '.
In Article 276, words: " To the 4 ° and 5 ° of the second subparagraph of Article 673 of the Code of Civil Procedure ' Are replaced by the words: " To 5 ° of Article 15 of Decree No 2006-936 of 27 July 2006 concerning procedures for the seizure of immovable property and the distribution of the price of a building '.
Section 278 is amended as follows:
I. The following two paragraphs are added at the beginning of the article:
" Prior to the opening of the auction, the notary shall be given by the bidders an irrevocable bank deposit or a bank check in accordance with Article 74 of Decree No. 2006-936 of 27 July 2006 on property seizure procedures and Distribution of the price of a building. When the contract awardee fails, the amount paid or surety provided is acquired for distribution with the realized assets.
" The notary recalls that the auction will leave the amount of the price set fixed in accordance with Article 268. "
II. -After the first sentence of the third paragraph, the following sentence shall be inserted:
" They are pure and simple. "
III. -The article is supplemented by the following paragraph:
" The title of sale consists of the shipment of the terms and conditions of sale covered by the executory form, following which is transcribed a notice of invitation issued by the notary. "
Section 279 is amended as follows:
I. In the first paragraph, the number:" Ten " Is replaced by the number: " 15 ".
II. -In the second paragraph, the reference: Article 709 of the Code of Civil Procedure ' Is replaced by the reference: " Article 96 of Decree No. 2006-936 of 27 July 2006 concerning procedures for the seizure and distribution of the price of a building.
A section 281, references: " Articles 701, 705 to 707, 711 to 713, 733 to 741 (b) and 742 of the Code of Civil Procedure " Are replaced by references: " Articles 72, 74 third paragraph, 75, 77, 78, 79, 81 second and third paragraphs, 90 third and fourth paragraphs and 100 to 106 of Decree No. 2006-936 of 27 July 2006 concerning the procedures for the seizure and distribution of the price of a Building ".
Section 295:
I.-The words:" Judge of orders " And " This court " Are replaced by the words: " Judge of enforcement " And " This jurisdiction ".
II. -In the first paragraph, the reference: Article 713 of the Code of Civil Procedure ' Is replaced by the reference: " Article 2209 Civil Code ".
III. -In the second paragraph, it shall be inserted between the words: Can " And " Enter " The word: " Also ".
The third paragraph of Article 298 is replaced by the following:
" The dispute shall be decided in accordance with the procedure applicable before the court of enforcement. Articles 5, 7 first paragraph and 8 of Decree No. 2006-936 of 27 July 2006 concerning the procedures for the seizure and distribution of the price of real property shall apply. "
Articles 275, 277, 279, 280 and 298, before the expression:" Court of large instance " shall be inserted as follows: Judge of the execution of the ".
The following shall be repealed:
1 ° Title IV of the book Ier of the second part of the Code of Civil Procedure;
2 ° Article R. 312-6 of the Code of the Judiciary;
3 ° Decree No. 67-167 of 1 March 1967 on property seizure and order;
4 ° Decree No. 2002-77 of 11 January 2002, taken for the purposes of Article 697 of the Code of Civil Procedure (former) and reforming the procedures for advertising in the field of property seizure.
This Decree shall apply to Mayotte with the exception of Articles 139 to 150.
For their application to Mayotte:
1 ° Article 62 reads as follows:
" Article 62. -Forced sale can only be postponed for a case of force majeure." ;
2 ° The parties are not required to be represented and may present themselves in person;
3 ° The reference to the court of high instance refers to the reference to the court of first instance;
4 ° References made to the Articles 2374, 2375, 2453, 2463, 2464 of the Civil Code shall mean, until 31 December 2007, references to Articles 2103, 2104, 2200, 2168 and 2169 of the same code;
5 ° References made to Law No. 91-647 of 10 July 1991 Concerning legal aid and Decree No. 91-1266 of 19 December 1991 implementing That Act refers respectively to the references made to Order No. 92-1143 of 12 October 1992 on legal aid in the territorial community of Mayotte and to Decree No. 96-292 of 2 August 1996 on the application of this Order;
6 ° The references made to Decree No. 55-22 of 4 January 1955 on the reform of land advertising and Decree No. 55-1350 of 14 October 1955, taken for the purposes of the application of the said Decree, agree, until 31 December 2007, of the reference To the decree of 4 February 1911 on reorganising the property regime Land in Madagascar and, as of January 1, 2008, the reference to the provisions of Title IV of Book V of the Civil Code;
7 ° The references to the Mortgage Office and the Mortgage Curator shall be construed respectively, Until 31 December 2007, references made to the Office of the Conservation of Property and Land Rights and to the Curator of Land Property and, effective January 1, 2008, to references made to the Conservation Service of the Property ownership and the custodian of real estate;
8 ° Reference to Register provided for in Article 2453 of the Civil Code refers to the reference made to the land book;
9 ° The reference made to consignment to the Caisse des Deposits et consignations refers to the reference made to the public treasury;
10 ° The reference The legal advertisements published in the district refer to the reference to legal advertisements published in the departmental community
This Order will come into force on January 1, 2007.
It is not applicable to Proceedings for seizure of immovable property which gave rise, before its entry into force, to the filing of the specification laid down in Article 688 of the Code of Civil Procedure.
It is not applicable to the procedures for the distribution of the sale price of the building Where, regardless of the date of the award, the opening was required Of the order, within the meaning of Article 750 of the Code of Civil Procedure.
It shall not apply to collective procedures opened before 1 January 2006, or to sales of buildings and subsequent price distribution procedures, where such Sales were ordered before the entry into force of this Decree in the course of a collective procedure initiated after 1 January 2006.
The acts regularly performed under the applicable regulations before the entry into force of the This Order remains valid.
The Minister of Economy, Finance and Industry, the Minister of Justice, the Minister of Justice, and the Minister for Overseas shall each Concerning the execution of this Decree, which will be published in the Official Journal of the French Republic
Done at Paris, on 27 July 2006.
Dominica De Villepin
By the Prime Minister:
Seals Guard, Minister of Justice,
Pascal Clément
Minister of Economy,
Finance and Industry,
Thierry Breton
The Overseas Minister,
François Baroin
