Convention on International Interests in Mobile Equipment Act, 2007 (Act No. 4 of 2007SchedulesSchedule 1 : ConventionChapter III : Default remediesArticle 13 - Relief pending final determination |
| (1) | Subject to any declaration that it may make under Article 55, a Contracting State shall ensure that a creditor who adduces evidence of default by the debtor may, pending final determination of its claim and to the extent that the debtor has at any time so agreed, obtain from a court speedy relief in the form of such one or more of the following orders as the creditor requests— |
| (a) | preservation of the object and its value; |
| (b) | possession, control or custody of the object; |
| (c) | immobilisation of the object; and |
| (d) | lease or, except where covered by subparagraphs (a) to (c), management of the object and the income therefrom. |
| (2) | In making any order under the preceding paragraph, the court may impose such terms as it considers necessary to protect the interested persons in the event that the creditor— |
| (a) | in implementing any order granting such relief, fails to perform any of its obligations to the debtor under this Convention or the Protocol; or |
| (b) | fails to establish its claim, wholly or in part, on the final determination of that claim. |
| (3) | Before making any order under paragraph 1, the court may require notice of the request to be given to any of the interested persons. |
| (4) | Nothing in this Article affects the application of Article 8 (3) or limits the availability of forms of interim relief other than those set out in paragraph 1. |