Lex Cameroon

Acte uniforme portant organisation des procédures collectives d'apurement du passif › Title 0 › Chapter 5 › Section 1

SECTION 133

The price paid for the partial transfer of assets shall be part of the debtor’s assets. Where the set of assets transferred comprises property burdened by a special security, the transfer shall mean the redemption of the said security if and only where the price is fully paid and where the creditor guaranteed by the said security is paid off. Except in the case of goods, and as long as the price has not been fully paid, the purchaser may not transfer, under pain of nullity, any item of the set of assets which he has purchased. The fact that a said item shall not be transferred shall be published in the Trade and Personal Property Credit Register under the same conditions as those provided for the preferential right of the vendor of a business; publication shall also be made in the property register in accordance with the provisions governing the publication of items of real property. The preferential rights of creditors with special secured debt on the price of property transferred shall be exercised in the order provided for in Articles 166 and 167 below. Where the price is not paid in full, the debtor shall choose between the cancellation of the transfer and the implementation of the guarantee provided for in Article 132 (2) above. Sub-section III Effects and Execution of the Composition Agreement
Official translation Spot-checked In force from 10 April 1998 Source page 46

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Section 133 of the Acte uniforme portant organisation des procédures collectives d'apurement du passif /akn/ohada/act/loi/undated/aupcap-1998
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