Any person who claims the delivery or restitution of any specific, tangible, personal property may apply to the President of the competent court to order such delivery or restitution.

The application for delivery or restitution shall be filed in the registry of the competent court of the place of residence or place of abode of the debtor of the obligation to deliver or restitute. The parties may derogate from the above rule of competence by providing a jurisdiction clause in the contract.

Lack of territorial jurisdiction shall only be raised by the court or by the debtor during the proceedings initiated by his opposition.

The application shall, under pain of inadmissibility, mention the following:

  • The names, profession and residence of the parties and, in the case of corporate persons, the name, legal form and registered office;
  • An exact description of the property which is the subject-matter of the claim for delivery or restitution;

It shall be accompanied by the original or the certified true copy of all documents in support thereof.

Where the court dismisses the application, its decision shall not be subject to appeal. The only remedy shall be an ordinary civil claim.

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