The sale of immovable property shall take place following the conditions prescribed for
repossession of property except in case where such repossession is subject to extrajudicial
execution clause in accordance with the Uniform act on Security Interests. However, the receiver
shall, after receiving the observations of the controllers, where they have been appointed, and
hearing the debtor and the trustee duly summoned to give explanations, shall set the price and the
main conditions of sale and determine the terms and conditions of publicity.
The receiver may, under the same conditions, where the content of the property, its location and
bids received enable an amicable assignment, authorize the sale, either by amicable auction on the
upset price which he shall fix under conditions which he shall determine.
Where, within a period of three (3) months following the assets liquidation judgment, the trustee
has not initiated the procedure for the sale of the immovable property, a secured creditor may
exercise or recover his right to institute an individual lawsuit and shall report to the trustee
thereon.
The Public Treasury, customs services and security and social insurance agencies shall have the
same right to recover their preferential claims which they shall exercise under the same conditions
as the mortgagees.
Auction sales carried out in pursuance of the preceding paragraphs shall entail redemption of
mortgages.
The trustee shall distribute the proceeds of the sales and arrange order among the creditors subject
to disputes brought before the competent court.
Unofficial translation
Spot-checked
In force from 10 September 2015
Source page 93