DISPUTES (ENFORCEMENT MEASURES)

Even where prior authorization is not required, the competent court may, at any time on the application of the debtor, after hearing the creditor or summoning him to appear, set aside the protective measure where the distrainor fails to show proof that the conditions prescribed by Article s 54, 55, 59, 60 and 61 of the OHADA Law have been fulfilled.

The application to set aside the protective measure shall be brought before the court which ordered the measure. Where such measure was taken without prior leave of court, the application shall be brought before the competent court of the residence or place of abode of the debtor.

Other disputes, especially those relating to the execution of the measure, shall be brought before the competent court of the place where the attached property is situated.

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