Title Second: Sequestration

Article 719

Art. 719 - Sequestration is the deposit of a disputed thing into the hands of a third party. It may concern movable or immovable property. It is governed by the provisions relating to ordinary deposit and by the following provisions.

Article 720

Art. 720 - Sequestration is made to a person designated by all interested parties by mutual agreement; it can also be ordered by the judge. \tThe judge may order sequestration: \t1) of the thing regarding which there exists a dispute or uncertain legal relations for the time during which the proceeding or uncertainty lasts, as well as of the thing which the debtor offers for his release; \t2) of movable or immovable property, regarding which the interested party has just cause to fear removal, destruction or alteration by the current possessors; \t3) of movable property which forms the security of the creditor, if the latter demonstrates the insolvency of his debtor or if he has just cause to suspect his flight or fear removals or deteriorations. \tThe rights and obligations of the person charged with sequestration are fixed by the judgment which orders the sequestration, and failing that by the rules applicable to conventional sequestration.

Article 721

Art. 621 - The deposit may not be gratuitous.

Article 722

Art. 722 - The person in charge of the sequestration has the custody and administration of the thing. They are required to make it yield all that it is capable of producing.

Article 723

Art. 723 - It may not perform any act of alienation or disposition, except those that are necessary in the interest of the sequestered assets. When the sequestration concerns things that are subject to deterioration, the sale of these things may be authorized by the judge; the sequestration then applies to the proceeds of the sale.

Article 724

Article 724 - The person in charge of the sequestration is bound to restore the thing without delay to the person indicated to him by the parties or by the court. \tWith respect to this restitution, he is bound by the same obligations as the salaried depositary.

Article 725

Art. 725 - When the sequestration is not gratuitous, the person in charge thereof shall be liable for any fault committed in its management, in accordance with the rules established for mandate.

Article 726

Art. 726 - If there are several persons entrusted with the sequestration, solidarity is automatic among them, in accordance with the rules established for mandate.

Article 727

The party to whom the thing is restored shall pay to the custodian the necessary and useful expenses that were incurred with good intention and without excess, and shall settle the agreed-upon fees or those determined by the judge. If the deposit is voluntary, the custodian may bring a lawsuit against all depositors to compel them to pay the expenses and the fees due to him, taking into account the proportion of their interests in the case.