Section 94: Derogations from articles 1659, 1660, 1661, 1673, 2087 and 2088 of
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
94. Derogations from articles 1659, 1660, 1661, 1673, 2087 and 2088 of
Code Civil Mauricien for the purposes of repurchase transactions
(1) Pursuant to article 2094, alinea 2 of the Code Civil Mauricien and
notwithstanding any other enactment—
(a) articles 1659, 1660, 1661 and 1673 of the Code Civil Mauricien
shall not apply to commercial contracts involving purchases
made with a provision for repurchase of—
(i) Government securities;
(ii) Bank of Mauritius Bills; or
(iii) such other instruments as the central bank may specify,
among banks and such other financial institutions as the central
bank may specify; and
(b) articles 2087 and 2088 of the Code Civil Mauricien shall not
apply to securities given for the repurchase of instruments
referred to in paragraph (a).
(2) The central bank shall, by direction, specify the terms and conditions
under which repurchase transactions may be entered into.
[S. 94 amended by s. 2 (s) of Act 18 of 2008 w.e.f. 19 July 2008.]
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Questions this section answers
- Do special rules apply to repurchase agreements involving Government securities between banks?