Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 259
259. (1) The demand by application mentioned in the last
preceding article shall in all cas es be necessary where it is s ought
to enforce an executive title against the heirs of the debtor, even
though the period referred to in the said article shall not hav e
elapsed.
(2) If there be no known heir, or if the heir has not as yet
declared his intention as to the acceptance of the inheritance, a
curator shall be appointed to represent the inheritance, and
execution proceedings shall be t aken against such curator.
(3) The time allowed to deliberate upon the acceptance of the
inheritance shall not operate as a stay of the execution procee dings.
(4) The heirs, successors or assi gnees of the creditor may, by
application served on the debtor, his successors or assignees,
request the court to enforce any executive title in the name of the
creditor even though the period re ferred to in the previous art icle
shall not have elapsed. Such request shall be allowed by the co urt if
it is satisfied that:
(a) the applicants are the sole heirs, successors or
assignees of the creditor;
(b) the executive title is still valid for what is being
claimed; and
(c) the persons against whom enforcement is sought are
the debtor, or his heirs , successors or assignees.
86 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
Executive titles to
be enforceable on
movable and
immovable
property of debtor.
Amended by:
IX.1886.50.
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