Apart from the cases provided for by Articles 210 to 212 of this Uniform Act, the creditor, in order to secure his debt, may by a decision of the competent court of the area where the debtor resides or where the property to be attached is situated, be authorized to seek a temporary registration of a mortgage on the property of the debtor.
The said decision shall state the sum for which the mortgage is authorized.
It shall give the creditor a time-limit within which, under pain of nullity of the said authorization, he shall bring an action for the validation of the mortgage before the competent court or for the said court to rule on the merits of his debt. Such action may be through an application for an injunction to pay. The decision may in addition prescribe a period within which the creditor shall be barred from bringing an action in court.
Where the creditor acts in violation of the provisions of the preceding paragraph, the court which authorized the mortgage may withdraw its decision.
Official translation
Transcription: Spot-checked
In force from 16-05-2011
Source page 49
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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Section 213 of the Acte uniforme révisé portant organisation des sûretés/akn/ohada/act/loi/2010-12-15/aus-2010
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