Section 200: Adjudicatee not affected by folle-enchère
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
200. Adjudicatee not affected by folle-enchère
(1) Where an immovable property is sold by public auction before the
Master, the adjudicatee shall not be affected by a right of folle-enchère resulting from any unpaid sale price of the property, or a warrant of collocation
on an earlier sale.
(2) The holder of a right of folle-enchère shall only retain the right to produce and claim payment, at the ordre or distribution of the new purchase
price.
PART IX – MISCELLANEOUS
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Questions this section answers
- If I buy a property at a Master's auction, can I be affected by an earlier unpaid sale of the same property?
- What can someone with a right to force a resale (folle-enchère) still do after a new sale has happened?