Crops and fruits which are almost mature may be attached before harvest. Only the creditor of the person entitled to the fruits may exercise this right of attachment. Under pain of nullity, this right may not be exercised more than six weeks prior to the habitual period of maturity.
Under pain of nullity, the attachment report shall be drawn in conformity with the provisions of Article 100 of the OHADA Law, with the exception of (4)of this Article , which shall be replaced by the description of the land upon which the crops are found, the quantity, state and an indication of the nature of the fruits.
The report shall be signed by the mayor or head of the administrative unit where the property is situated and a copy thereof left with him.
The debtor shall be made the custodian of the attached crops. However, the competent court may, at the instance of the distrainor creditor name a manager of the farm. The debtor shall be heard or summoned to attend the hearing.
The sale shall be publicized by affixing posters at the town hall or at the place where public Acts are affixed and at the market situated nearest to the place where the crops are found.
The posters shall mention the date, time and place of the sale and shall indicate the place where the crops are found, as well as the quantity and the nature of the crops.
The affixing of posters shall be certified as in matters of attachment and sale.
The sale shall be carried out, in accordance with the provisions of Article s 120 of the law and following and at the place where the crops are located or in the nearest market.
However, the formalities prescribed for the attachment and sale process shall be observed.