The terms of reference shall, under pain of nullity, contain:
(1) the title of the document;
(2) an indication of the writ of execution by virtue of which the proceedings against the debtor
were instituted and the summons to pay with a mention of the fact of its publication, as well
as the other acts and decisions of the court pronounced after the service of the summons to
pay and which have been served on the pursuing creditor;
(3) an indication of the court or notary agreed upon by the pursuing creditor and the judgment
debtor to carry out the auction sale;
(4) an indication of the place where the contingent hearing provided for by Article 270 below
shall take place;
(5) the full names, profession, nationality, date of birth and residence of the pursuing creditor;
(6) the full names, capacity and address of the pursuing counsel;
(7) designation of the attached property as contained in the summons to pay or report describing
it drawn up by the bailiff or process-server;
(8) the conditions of sale and, especially, the rights and obligations of the vendors and successful
bidders, a mention of the costs of the proceedings and any special condition;
(9) where necessary, the parcel of land;
(10) the reserve price fixed by the judgment creditor which may not be lower than a quarter of
the market value of the property. The value of the property shall be appreciated in
accordance with the valuation made by the parties during the conclusion of the mortgage
contract or, failing this, by comparison with the transactions concerning property of a similar
nature or location.
A statement of the real rights registered in relation to the property concerned, issued by the
land registrar on the date of service of the summons to pay shall be annexed to the terms of
reference.
Official translation
Spot-checked
In force from 10 April 1998
Source page 71
Section 267 of the Acte uniforme portant organisation des procédures simplifiées de recouvrement et des voies d'exécution/akn/ohada/act/loi/undated/aupsrve-1998