NEWSLETTER-2017

260 NEWSLETTER 2017 Such legal regulations recognise a special lien (a pledge right in other words) to the lessor over the “seizable” properties owned by the lessee and located on the leased immovable property, in addition to the right to collect the rent, and to vacate the leased immovable property. There are two phases of the special lien. The first phase is the creation of the special liens, i.e. the col- lateralisation. The lessor may request a special lien to be placed on the movable properties that are on the leased immovable property as security for rent for the past year and the current six-month period. For the creation of such right, the creditor shall first apply to the bailiff’s office (or the civil court of peace) as per Art. 270/1 of the EBL. If the adequacy of such request is approved, the bailiff’s office shall review the immovable property with the commissioned officer or the relevant expert, to determine the movable properties owned by the lessee, to ascertain the quantity and value of such properties, and an inventory with respect to the aforementioned shall be prepared and the special lien shall be prepared as per Art. 270/3 of the EBL. The second phase of a special lien is the enforcement proceed- ing in relation to the receivable. At such point, the creditor lessor shall be obliged to commence the enforcement proceeding by way of foreclosure of collateral within the period granted to him (and which cannot be longer than 15 days) as per Art. 270/2 of the EBL. If such enforcement proceeding is not commenced, the special lien shall be deemed forfeited. In the course of the enforcement proceeding, Article 145 titled “Foreclosure of Pledge on Movable” of the EBL, and the following articles, shall apply. Nevertheless, the fact that the former Code of Obligations also sets out that a special lien may be placed on the items that are useful for the design of the leased immovable property, the TCO in force does not include the aforementioned within its scope. The item to be subject to such special lien must be located on, and either used as fixtures, or be required for the use of the leased immovable property. As a matter of course, such items must be seizable. The special lien is applied over both the usufructary lease, and the receivables of the operators of ac- commodation facilities, parking spaces, or other comparable facilities.