Code of Organization and Civil Procedure (Cap. 12), article 847

847. The judicial sale by auction of the property seized shall not take place without a previous judicial acknowledgment or rendering as an executive title of the debt or claim: Provided that in the case of perishable goods or other deteriorating assets, the court, on the application of claimant in pending litigation before the court, may order the sale of the asset pendente lite if it appears to the court upon an application of a creditor that the debtor is insolvent or otherwise unlikely to be able to continue trading and maintaining the asset. In reaching its conclusion the court shall consider all the circumstances conne cted therewith including the nature o f the claim, if any, and such o ther steps which the debtor has taken to secure the claim, or otherw ise to preserve the asset. In inferior courts demand for judicial acknowledgment of claim to accompany demand for issue of warrant. Amended by: XV .1913.158, 159; XXIII.1971.29; XIII.1983.5; XII.1985.18; VIII.1990.3; L.N. 407 of 2007; XIV .2006.93.