Any debtor whose property is the subject of distraint may voluntarily, under the conditions defined below, sell the attached property and use the proceeds to pay the creditors.

The debtor shall have a period of one month from the date of service of the attachment report to dispose of the attached property by private sale.

The attached property shall remain inalienable under the responsibility of the custodian. The property shall under no circumstances be removed before the deposit of the proceeds provided for in Article 118 of the OHADA Law, except in the case of extreme urgency.

The debtor shall inform the bailiff or process-server in writing of the offers made to him and shall state the name and address of the contingent purchaser as well as the period within which the latter offered to deposit the proposed price.

The bailiff or process-server shall forward these details to the distrainor and the opposing creditors by registered mail with acknowledgement of receipt or by any means with written proof.

The above parties shall within fifteen days decide either to accept or refuse the private sale, or to propose themselves as purchasers.

Where there is no response, they shall be deemed to have accepted.

A forced sale may only be carried out after the expiry of the one month time limit provided in Article 116 of the OHADA Law, extended , where necessary, by the fifteen-day period accorded the creditors to respond to the offer.

The proceeds of sale shall be deposited with the bailiff or process-server or at the registry, named by the distrainor.

The transfer of the ownership and delivery of the property shall be subject to the deposit of the purchase price.

Failing such deposit within the period agreed upon, the forced sale shall be carried out.

Except where refusal to authorize the sale is intended to harm the debtor, the liability of the creditor may not be invoked.

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