Unofficial translaction - legally incapacitated individuals, with regard to the enterprisewhich they owned before they become legally incapacitated; - to heirs or legatees of a deceased merchant, with regard to the enterprise operatedby the latter; - Court officers overseeing, in some capacity, the administrationof anenterprise, provided that they have been authorized by the competent court and that they have satisfied allpublicity requirements. ARTICLE144-Thedebtsofthe lessorarising from theenterprise operation may be declaredimmediatelypayablebythecompetent court ifitholdsthatthelease management is jeopardizing their collection. The action shall be brought by any interested party, under penalty of foreclosure,withina period ofthreemonths from the date of the publication of the lease management agreement pursuant to Article 139 of this Uniform Act. ARTICLE 145-Until the publication of the lease management agreement, the owner of theenterprise shall be jointly and severally liable for the debts of the lessee-manager arising from the enterprise operation in lease management. ARTICLE 146– The regular or anticipated expiry of the lease management agreementshall make the debts contracted immediatelypayablebythelessee-managerofthe enterpriseduring his management. CHAPTER III: ASSIGNMENT OF THEENTERPRISE ARTICLE 147-Assignment of the enterprise shall comply with the general rules of sale subject to the following provisionsandthosespecificto some enterprise activities. ARTICLE 148-The assignment of the enterprise shall necessarily relate toitems listed in article 136 of this uniform Act. Absent a simultaneous assignment of the above mentioned items, the assignment of other items, such as those listed in article 137 above, shall remain possible, but does not entail assignment of the enterprise,irrespective of theprovisionsagreedupon in the assignment deed. ARTICLE 149– The sale of anenterprisemay be realized either by private deed or notarial deed. The provisions of this Chapter shall govern any deed recording an assignmentof enterprise, even conditionally consented, including in the case of contribution of aenterpriseto a company. OHADA / Uniform Act / Unofficial Translations P. - 49 - of 78

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