UNIFORM ACT ORGANIZING COLLECTIVE PROCEEDINGS FOR WIPING OFF DEBTS

PREAMBLE

PART I : PREVENTIVE SETTLEMENT

CHAPTER I : INITIATING PROCEEDINGS FOR PREVENTIVE SETTLEMENT

CHAPTER II : ORGANS AND EFFECTS OF PREVENTIVE SETTLEMENT

CHAPTER III : REMEDIES AT LAW

PART II : LEGAL REDRESS AND LIQUIDATION OF PROPERTY

CHAPTER I : OPENING OF LEGAL REDRESS AND LIQUIDATION OF PROPERTY PROCEEDINGS

CHAPTER II : ORGANS RESPONSIBLE FOR LEGAL REDRESS AND LIQUIDATION OF PROPERTY

Section I : Official Receiver

Section II : Receiver

Section III : Public Prosecutor's Department

Section IV : Assignees

Section V : General Provisions

CHAPTER III : EFFECTS OF THE DECISION TO INITIATE PROCEEDINGS ON THE DEBTOR

Section I : Assistance and dispossession of the debtor

Section II : Acts undemurrable to the general body of creditors

CHAPTER IV : EFFECTS OF THE DECISION TO INITIATE PROCEEDINGS ON CREDITORS

Section I : Constituting the general body of creditors and suspensive effects

Section II : Production and verification of claims

Section III : Guarantors and co-obligants

Section IV : Preferential right of wage-earners

Section V : Right of termination of lease and preferential right of lessor of real property.

Section VI : Rights of the spouse

Section VII : Claims

Section VIII : Rights of vendor of movable property

Section IX : Execution of ongoing contracts

Section X : Continuation of activity

Section XI : Liability of third parties

CHAPTER V : DISCHARGE OF LEGAL REDRESS AND LIQUIDATION OF PROPERTY

Section I : Discharge of legal redress

Sub-section I : Formation of composition with credits

Sub-section II : Composition comprising partial transfer of assets

Sub-section III : Effects and execution of the composition

Sub-section IV : Cancellation and annulment of preventive composition agreement or composition with creditors

Sub-section V : Initiation of a second collective proceeding

Section II : Discharge of liquidation of property

Sub-section I : Realization of assets

Paragraph 1 : Common provisions for the sale of immovable property

Paragraph 2 : Special provisions governing sale by attachment of real property

Paragraph 3 : Special provisions governing private sale of immovable property by auction

Paragraph 4 : Special provisions for the sale of immovable property by mutual agreement

Paragraph 5 : Overall transfer of assets

Paragraph 6 : Effects of sale of assets

Sub-section II : Payment of debts

Sub-section III : Closure of the body of creditors

Section III : Closure for inadequacy of assets

Section IV : Closure as a result of payment of debts

CHAPTER VI : SPECIAL PROVISIONS GOVERNING MANAGERS OF CORPORATE BODIES

Section I : Making up debts

Section II : Extension of collective proceedings to managers of corporate bodies

PART III : PERSONAL BANKRUPTCY AND DISCHARGE OF BANKRUPT

CHAPTER I : PERSONAL BANKRUPTCY

Section I : Cases of personal bankruptcy

Section II : Procedure

Section III : Effects of personal bankruptcy

CHAPTER II : DISCHARGE OF BANKRUPT

Section I : Cases of discharge

Section II : Procedure

Section III : Effects of discharge of bankrupt

PART IV : REMEDY AT LAW IN MATTERS OF LEGAL REDRESS AND LIQUIDATION OF PROPERTY

PART V : BANKRUPTCY AND OTHER OFFENCES

CHAPTER I : BANKRUPTCY AND LIKENED OFFENCES

Section I : Bankruptcy with irregularities deemed a breach of the law and fraudulent bankruptcy

Section II : Offences likened to bankruptcy

Section III : Prosecution of bankruptcy and likened offences

CHAPTER II : OTHER OFFENCES

PART VI : INTERNATIONAL COLLECTIVE PROCEEDINGS

PART VII : FINAL PROVISIONS


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Published by Juris International, 2000