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

Cap. 12 Art. 848AScope of warrant.

Sub-title I

Van krachtOfficiële tekst

(1) A precautionary warrant of seizure of a commercial going concern may solely be issued to secure a debt or claims which could be frustrated by the sale in part or in whole of the said going concern and, for this purpose, no other warrant may be issued against the going concern, unless it is this warrant of seizure.

(2) The effect of a precautionary warrant of seizure of a commercial going concern is to preserve the totality of the assets of the going concern, including licences and good-will, to order that same is not sold in part or in whole and are to be concurrently kept in business, provided that in any case the court shall not accept a demand for the issuing of a warrant if it is satisfied that there are other means to safeguard the amount due.

(3) The court shall not issue any such warrant unless it is satisfied that such warrant is necessary in order to protect the rights belonging to applicant who, prima facie, appears to have such rights.

(4) The provisions of articles 840, 842, 843, 844 and 848 shall apply to this warrant.

Wijzigingsgeschiedenis
  • Amended by XIV.2006.94