Part First: Seizure and Its Effects

Article 949

If the debtor's properties are located in areas belonging to different execution districts, the district competent to handle the execution proceedings shall be responsible for the execution, provided that its proceedings regarding the properties belonging to the other districts shall be carried out through the delegation of these districts, unless the properties are contiguous or fall within the scope of a single project investment, in which case a single execution shall be carried out at the district where the project's center or one of the properties is located.

Article 950

1. Amended: The enforcement officer shall, upon receiving the creditor's request, immediately send a notice to the debtor, instructing him to: 1- Pay within five days. 2- Appoint a domicile of his choice within the jurisdiction, if he does not already have one or has not previously appointed a domicile, within the time limit mentioned in the preceding paragraph. If he fails to do so, the court's registry shall be considered his appointed domicile, unless he is represented by an attorney, in which case the attorney's office shall be considered his appointed domicile and may be notified there, regardless of the office's location. The notice shall also specify the type of property or real right to be seized, the property number, and the zone in which it is located. A copy of the document to be enforced shall be attached to the notice, unless it has already been notified to the debtor, in which case a reference to the document, the date of notification, and the amount of the debt shall suffice.

Article 951

If the owner of the immovable property or the owner of the real right is not the debtor, the execution officer shall send to him a copy of the notice.

Article 952

Upon expiration of the period of notice without payment of the debt, the head of the execution division shall, upon the request of the creditor, order the seizure of immovable property. Such order may, upon the request of the same, extend to the seizure of movable property.

Article 953

The keeper of the real estate register must send to the Execution Department within five days of being notified of the attachment a statement proving: 1- The date of registration of the attachment in the daily register and in the real estate register or in the special register related to properties not subject to the real estate register system. 2- A summary of the rights, burdens, attachments, and precautionary measures incumbent on the property. The Mukhtar must also send to the Execution Department within the same deadline a statement proving the date of registration of the attachment in the register available to him and a summary of the rights, burdens, attachments, and precautionary measures incumbent on the property not subject to the real estate register system. The Real Estate Judge must also send to the Execution Department within the same deadline a notification containing the data mentioned in the previous paragraph and recorded in the minutes of identification and description when the attachment is made on a property that is under identification and description. The keeper of the real estate register, the Real Estate Judge, and the Mukhtar, when a legal obstacle prevents the registration of the attachment or they return the documents with a mention of this obstacle, must inform the Execution Department, which shall notify the attaching party without delay, and they must also place a precautionary note on the attachment.

Article 954

Modified within five days from receipt of the letter from the keeper of the real estate register or the property judge or the mukhtar establishing the registration of the seizure, and after the debtor has in any case been notified the aforesaid notice.

Article 955

The applicant for execution must expedite, upon submitting his request, an advance sufficient to pay the costs of the investigation and the costs of expertise, as estimated by the President of the Execution Department.

Article 956

If there are multiple applicants for the execution of one property, the one who was first to register his reservation shall have the right of priority in pursuing the execution. However, the one who was later in registering his reservation may request the President of the Execution Department, in a petition submitted to him for serious reasons, to authorize him to substitute the earlier registrant in proceeding with the procedures. The President's decision shall be subject to appeal by the same means as orders issued on petitions.

Article 957

Every creditor becomes, from the date of registration of his seizure or participation in the seizure on the real estate register or in the mukhtar's register or in the special register relating to immovable property not subject to the real estate registration system, invested with real rights over the immovable or movable property seized.

Article 958

Once the mortgage or subscription is registered in the manner mentioned in the previous article, the mortgagee or subscriber acquires an in rem right to the mortgaged property.

Article 959

The provisions concerning third parties do not apply to the seizing creditors and those participating in the seizure from the date of registration of each seizure and participation therein as set forth in Article 957: 1. Acts of the judgment debtor which would transfer movable or immovable property or create encumbrances thereon. 2. Attachments, judgments, and enforcement measures against the judgment debtor.

Article 960

1. Lease contracts and receipts for rent and waivers thereof, as well as their vacant and genuine counterparts, duly documented and dated prior to the registration of the mortgage, shall be enforceable against the mortgagees, co-mortgagors, and public auction buyers, in contravention of the rules governing the real estate registry.

Article 961

The registration of the mortgage entails the seizure of the property's revenues and subsequent fruits from the date of registration, and renders them immune to any non-real estate mortgage. These revenues and fruits shall be attached to the price upon distribution.

Article 962

The rental payment or the owner's share in the crop-sharing arrangement shall be seized in the hands of the lessee or the crop-sharer as a seized amount held by him without necessity for any procedure other than notice to him not to pay to the debtor.

Article 963

If the property is not leased or granted to a farmer, the debtor shall be considered its guardian and shall be obligated to preserve it and deliver it to the Execution Department for sale, and shall be responsible for its fruits that are harvested, except for what is necessary for his livelihood and that of his family. If the debtor resides in the property, he may stay without compensation, and the President of the Execution Department may remove the property from the debtor's possession if he fears its deterioration or improper use. In this case, he may allocate a portion of the property's revenue to the debtor to assist him with his livelihood, in accordance with his situation.

Article 964

The head of the execution division may authorize, upon the request of the interested parties, the harvesting of crops and the gathering of non-money fruits and their sale in the appropriate manner and the deposit of the proceeds in an acceptable bank.