Goods and movable property the sale of which was cancelled before the decision to open
proceedings either by a court decision or by virtue of a clause or an agreed resolutory condition
may be reclaimed in whole or in part where they are in kind.
Where action for cancellation is instituted by the vendor who has not been paid before the
decision opening the proceedings any action for restitution shall at the same time be admissible
even where the sale has been cancelled after the decision to open proceedings.
However, no action for restitution shall succeed where, before the restoration of the goods and
movable property, the price together with the charges and damages awarded, are paid fully and
immediately by the receiver assisting or representing the debtor, as the case may be.
Official translation
Spot-checked
In force from 10 April 1998
Source page 38