Article 349: Procedure for the recovery of property

1. The enforcement of the property imposed shall be ordered by a court of law if the agreement between the pledgeor and the pledge holder does not provide for an out-of-court procedure for the enforcement of the mortgage. If the agreement of the parties provides for an out-of-court procedure for the enforcement of the imposed property, the pledge holder has the right to bring before the court a claim for payment of the imposed and In such a case, the additional costs associated with the enforcement of the imposed property shall be borne by the bailee unless he proves that the application of the penalty In the case of bail or the performance of the security item in accordance with the non-judicial procedure agreement, the penalty was not enforced in connection with the actions of the pledgeor or third parties. Measures must be taken by the pledge holder and other persons to obtain the most money from the sale of the deposit. 2. To satisfy the claim of the bailee against the fixed property without recourse to the court (in the case of an out-of-court court) 3. A claim for bail may only be made by a court decision in cases where, Liquor: the subject of the pledge is the only dwelling owned by a citizen, except in the case of detention following the establishment of grounds for recovery. Non-judicial sentencing; the subject of bail is property of considerable historical, artistic or other cultural value to society; the mortgage :: The natural person is declared missing in accordance with the established procedure; the property in question is the subject of prior and subsequent bonds in which different procedures are applied. :: Remittances for bail or various forms of disposition of the property, unless otherwise provided for in the agreement between the prior and subsequent bondholders; to secure the performance of the various obligations of several bailiffs, except in the case of an agreement between all co-holders and the pledgeor providing for an out-of-court treatment The law may provide for other cases in which the imposition of a non-judicial penalty is not permitted. 4. The parties are entitled to include a clause on the non-judicial application of bail. 6. The execution must be in the same form as the contract of bail for the property. 6. The application for bail by the notary ' s executive note without recourse to the court is admissible. in case of default or improper performance by the debtor of the secured room 7. An agreement on the enforcement of a pledge containing a condition of non-judicial recovery of the property laid down shall be notarized. :: Women ' s property shall include, out-of-court, a single method or several modes of disposition of the property under this Code, as well as the value (commander) In the event that the agreement for the recovery of the property provides for several means of enforcing the property The right to choose the means of enforcement is vested in the pledge holder, provided that the agreement does not provide otherwise. In accordance with the procedure laid down by the law on notaries, the bailee or notary who applies for the recovery of the property in question must send it to the bailee, the court of appeal and the court of appeal. A notice of the commencement of the application for bail shall be given to the holders of security money, together with the debtor, at the earliest ten days after the date of receipt of the claim. Bailiff and debtor of notice of the pledge holder or notary, unless otherwise provided by law, and if no longer period is provided for by agreement between the pledge holder and the pledgeor In the cases provided for by banking law, the fixed movable property may be disposed of before the expiry of the specified period, with a substantial risk of a significant reduction. the value of the security item as compared to the price of the sale (the initial sale price) specified in the notice.