Any creditor in possession of an enforceable title can carry out an execution seizure. Enforceable titles include:
– Enforceable court decisions, and
– Enforceable on minutes;
– Foreign deeds and court decisions, as well as arbitral awards declared enforceable by a court decision that is not subject to an appeal suspending enforcement in the State in which the title is invoked;
– Conciliation reports signed by the judge and the parties;
– Notarial deeds bearing the executory formula;
– Decisions to which the national law of each State party attaches the effects of a judicial decision.
When it is not preceded by a seizure for safekeeping, the seizure for execution is applied for to the judge on the merits under the conditions and according to the procedure in force for property seizures. A report is drawn up and a guardian is appointed under the same conditions of conservatory seizure.
The seizing party must, within three days, notify the owner of a copy of the seizure report of seizure and summon him before the court of the place of seizure, to be told that the seized vessel will be sold.
If the owner is not domiciled within the jurisdiction of the court, service and summonses are given in the person of the captain of the vessel seized, or, in his absence, in the person the person representing the owner or the captain.
The three-day period is increased by thirty days if the recipient lives outside the territory of the C.E.M.A.C.
If he is a foreigner, outside the C.E.M.A.C. territory and not represented, the summonses and notifications will be served according to common law.
The report of seizure and execution is entered in the register of maritime mortgages by the competent administrative authority. This registration is required within seven days from the date of the procès-verbal, increased by twenty days if the place of seizure and the place where the register is kept are not located in the same port.
The registrar of maritime mortgages issues the distraining creditor seizing a statement of mortgage registrations on the vessel. Within seven days of delivery of the mortgage statement the seizure is notified to the registered creditors at the addresses given in their registrations. The seven-day period is increased by 20 days if the elected domicile is not located within the jurisdiction of the court competent to hear the seizure.
The notice to creditors indicates the date of their appearance before the court; this period may not be less than thirty days from the date of notification if the elected domicile is not located within the jurisdiction of the court.
The conditions for the sale of the seized vessel are set by the competent court in accordance with the common law procedure in force for forced sales of real estate. The display on the most conspicuous part of the seized vessel, on the main door of the courthouse before which the proceedings will take place, in a public place or on the quay of the port where the vessel is moored, the Chamber of Commerce, the customs office and the local maritime district.
Requests for diversion, oppositions, payment and deposit of the sale price collocation of creditors and distribution of funds are carried out in accordance with the rules and procedures applicable to forced sales of real estate.
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