A distinction is to be made in this regard between summary
debt collection procedures and measures of execution.
debt collection procedures
This procedure may be initiated where there is an unquestionable
debt due for immediate payment arising from a contract or where
there is a commitment arising from the issuance or acceptance of
any negotiable instrument or any cheque for which cover was found
to be inexistent or insufficient (art. 2 of the Uniform Act organizing
Simplified Recovery Procedures and Measures of Execution UASRP).
The request shall be made in the form of a petition to the competent
court of the residence or place of abode of the debtor (or one of
the debtors if there are several debtors) (art. 3 § 1 UASRP).
In the absence of opposition within 15 days from notification of
the injunction to pay, the creditor may request the insertion in
the ruling of an executory clause that shall have the effects of
a decision after trial and shall no more be appealable (art. 16).
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to secure the delivery or restitution
of a specific personal property
This procedure may be initiated only by a person who claims
to have the right to demand the delivery or restitution of a specific,
tangible, personal property who shall then petition the president
of the competent court to order such a delivery or restitution (art.
19 and 20).
In the absence of opposition within 15 days from notification
of the injunction to deliver or restitute, the creditor may request
the insertion in the ruling of an executory clause that shall have
the effects of a decision after trial and shall no more be appealable
In the absence of voluntary execution, such measures may be
initiated by any creditor, regardless of the nature of his/her claim
- to compel the defaulting debtor to honour his obligations
- or to take preventive measures to secure his/her rights.
Save the case of a debt secured by a mortgage or a preferential
debt, execution shall be carried out primarily on personalty and,
where this is insufficient, on immovable property (art. 28).
Compulsory distraint is however available only to creditors
who can show an unquestionable debt due for immediate payment, subject
to the provisions relating to the apprehension and claim of movables
With the exception of the auction sale of immovable property,
compulsory distraint may be pursued to term by virtue of a writ
of provisional execution.
Execution shall then be carried out at the creditor's risk,
in that if the writ happens to be modified subsequently, he shall
fully make good of any damage caused by the execution, even where
there is no fault on his part (art. 32).
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A sequestration may be initiated by any person whose claim appears
legitimate in principle who may, by petition, request from the competent
court of the residence or place of abode of the debtor an authorization
to take preventive measures on all his debtor's tangible and intangible
property, without prior summons to pay, where he/she can show justifiable
circumstances which are likely to jeopardize the collection (art.
54). Such an authorization is not necessary when the creditor avails
himself of a writ of execution or in the case of default in payment,
duly ascertained by an accepted bill of exchange, promissory note,
cheque or unpaid rent (art. 55 and 56).
Sequestration may be carried out on all the tangible or intangible
property belonging to the debtor. It shall render such property
unalienable (art. 56).
It may be initiated by any creditor in possession of a writ
of execution showing a debt due for immediate payment, after notification
of a summons, in order to proceed to the seizure and sale of the
debtor's tangible property, whether theasid property is held by
the debtor or not (art 91).
It may be inititiated by any creditor in possession of a writ
of execution showing a debt due for immediate payment by seizure
in the hands of third parties of the debtor's debts in the form
of money (art. 153).
and seizure under a prior claim of tangible property
Tangible property liable to delivery or restitution may only
be apprehended by virtue of a writ of execution and, where necessary,
by an injunction of the competent court which has become enforceable.
The same property may also be rendered inalienable before any apprehesion
by means of a seizure under prior claim (art. 218)
of partnership rights and transferable securities
It is possible 8 days after unproductive summons to pay under
the terms and conditions provided for in article 237 and subsequent
articles of the UASRP).
of real property
It may be initiated by any creditor in possession of :
- a writ of execution showing a liquid and due debt,
- or a provisional writ of execution, or an unliquidated cash
debt, but in this case, an auction may only be carried out on the
basis of a conclusively enforceable writ after liquidation (art.