Where the collateral in the possession of the creditor consists of fungibles he shall, except otherwise provided, hold them separately or cause them to be held separately from other things of the same kind held by him or by the third party agreed upon. Failing this, the settlor may demand the return of the collateral without prejudice to his claim for damages.
Where the agreement exempts the creditor from the said obligation, he shall acquire the right of ownership of the collateral on condition that he returns the same quantity of equivalent things.
Where possession is given to a third party in escrow the right of ownership so acquired by the creditor may be exercised on assets of the same kind and quality held by the third party agreed upon.
Official translation
Transcription: Spot-checked
In force from 16-05-2011
Source page 27
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 101 of the Acte uniforme révisé portant organisation des sûretés/akn/ohada/act/loi/2010-12-15/aus-2010
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