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Showing 441–450 of 18395 articles for “Art. 322-5”
An application for the amicable sale of the property may be submitted and judged before service of the summons to appear at the orientation hearing, provided that the debtor brings into question the c…
When the execution judge orders the forced sale, he sets the date of the hearing at which it will take place within a period of between two and four months from the date of his decision. The judge det…
On the specified date, the pursuing creditor or, failing this, any registered creditor, who is then subrogated to the proceedings, requests the sale. If no creditor requests the sale, the court declar…
Auctions are conducted by a lawyer registered at the bar of the court before which the sale is being conducted. The lawyer may only hold one power of attorney.
The successful bidder may contest the certificate within fifteen days of its notification. The decision of the enforcement judge ruling on this challenge is not subject to appeal.
The deed of sale is published in the real estate register in accordance with the rules for judicial sales, at the request of the purchaser or, in his absence, of the creditor pursuing the distribution…
Unless the terms and conditions of sale provide for the distrainee debtor to remain on the premises, the successful bidder may enforce any eviction order he may have against the distrainee and any occ…
The successful bidder at the initial sale retains the costs charged at the time of the auction. After a period of two months following the initial sale, he is liable for interest at the legal rate on…
The auction judgement is notified by the pursuing creditor to the debtor, to the registered creditors, to the successful bidder and to any person who has raised a dispute that is settled by the decisi…
The deed of sale consists of the enforceable copy of the conditions of sale, which is followed by a transcript of the auction judgement. If the identity details provided by the successful bidder are i…
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