Where the petition is founded, the president of the competent court shall rule at the foot of the application ordering delivery or restitution of the property in dispute.
The originals of the application and the mandatory injunction shall be preserved by the registrar, who shall issue certified true copies thereof to the applicant.
The original documents annexed in support of the application shall be returned to the applicant and certified true copies preserved in the registry.
Where the application is dismissed, it shall be returned to the applicant together with the documents annexed thereto.
The decision ordering delivery or restitution, accompanied by the certified true copies of the documents annexed in support of the application, shall be notified by the extrajudicial act at the instance of the creditor, on the person required to effect delivery or restitution.
Under pain of nullity, the notification shall contain an order to proceed within fifteen days:
- Either to deliver, at the respondent’s expense, the designated property to a specific place under given conditions; or
- Where the holder of the property has a defense, to file an opposition in the registry of the court that delivered the ruling by a written or verbal declaration with proof thereof or by registered mail with acknowledgement receipt or by any other means with written proof failing which the decision shall become enforceable.
The decision ordering delivery or restitution shall be null and void if it has not been notified to the party concerned within three months from the issue date.
Effects of the decision ordering delivery or restitution of specific personal property
Opposition to the decision ordering delivery or restitution shall be in accordance with the provisions of Articles 9 to 15 of the Uniform Act.
Where there is no opposition within the period prescribed under Article 16 above, the petitioner may apply to the president of the competent court to stamp the executory formula on the decision.
The conditions of such application shall be those provided for by Articles 17 and 18 of the Uniform Act.