Section 27: Sale of movable property
consolidated text (as at 2011). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
27. Sale of movable property
(1) (a) As soon as possible after the inventory has been closed, if the
sale of the movable property is necessary under article 826 of the Code Civil
Mauricien‚ the notary shall fix a place and time for the sale of the movable
property, and he shall also publish, in 2 or more daily newspapers, notices of
the time and place, with or without a description of the goods to be sold, as
he thinks best in the interest of the succession.
(b) The notary may alter the time and place thus fixed, and issue
fresh notices, where such a course appears to him necessary or advisable.
(2) On the day fixed, whether the heirs attend or not, the notary shall sell
the movable property by public auction.
(3) (a) The notary may himself sell the movable property, or he may employ an auctioneer or a broker or both, as the nature of the articles to be sold
render necessary.
(b) Where the sale is effected by the notary himself, no larger sum
shall be allowed to him on taxation, for his expenses, disbursements and
fees in connection with the sale, than would have been payable if an auctioneer or broker had been employed.
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Questions this section answers
- How is movable property in a succession sold, and must it be advertised in newspapers?
- Can the notary sell the succession's movable property himself instead of using an auctioneer?