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Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)

Cap. 12 Art. 838BPrecautionary warrants to remain in force until the cause becomes res judicata.

Title VI

En vigueurTexte officiel

(1) Unless rescinded by the court or withdrawn by the party suing out the warrant, all precautionary warrants shall remain in force for a period of fifteen days after the cause becomes res judicata.

(2) Notwithstanding the provisions of sub-article (1), precautionary warrants issued under article 830(1) become executive warrants after that the cause becomes res judicata or when in accordance with article 166B, article 253(e) and article 466, such judicial letter, bill of exchange or promissory note constitutes an executive title, so however that:

(a) in the case of a warrant issued under article 830(1)(b), (c),

(d) and (f), the creditor shall file a note within fifteen (15) days from when the executive title is obtained in the acts of the same warrant and demand an extension or reduction of the effects of the warrant to an amount equivalent to the legal costs, interest and the principal amount due in terms of the executive title obtained, and such note is to be served upon the debtor and such persons as may have any interest therein;

(b) in the case of a warrant issued under article 830(1)(a) and (e), the creditor shall file an application under the provisions of article 388E within fifteen days from the cause becoming res judicata.

Historique des modifications
  • Amended by XXVII.2021.2