Without prejudice to the exercise of an eventual possessory lien or the exclusive right to payment,
the proceeds obtained from the sale of personal property shall be distributed in the following
order:
1) To creditors owed statutory costs incurred in the realization of the personal property sold and
in the distribution itself of the proceeds;
2) To creditors who bore the cost of preserving the debtor’s property in the interest of creditors
with older debts;
3) To creditors of super privileged wages;
4) To creditors secured by a general privilege subject to publicity, a pledge, or security each one
of them depending on the date it became binding on third parties;
5) To creditors with a special privilege each depending on the movable property concerned; in
the event of a conflict between the debts covered by a special privilege on one and the same
property, preference shall be given to the first distrainor;
6) To creditors with a general privilege which is not subject to publicity in accordance to the
order established by article 180 of this Uniform Act;
7) To the unsecured creditors with a writ of execution issued in their favour when they intervened
by way of attachment proceedings or objected to the distribution procedure.
Where the funds to pay the creditors of the same rank mentioned in 1, 2, 3, 6 and 7 of this article
are inadequate, the funds shall be distributed in proportion to their total debts and on a pro-rata
basis.
Official translation
Spot-checked
In force from 15 December 2010
Source page 52