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Revised Laws of Saint Lucia (2021)

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Section II Surrender

404. The voluntary execution of any judgment ordering the restitution and delivery of any movable or immovable is effected, unless the judgment makes other provisions, by delivering the movable, and surrendering the possession the immovable, in such a manner that the party entitled thereto may take possession of it; and this must be done in conformity with the judgment, and the provisions contained in the Book respecting Obligations in the Civil Code.

405. The voluntary execution of a judgment ordering the surrender of an hypothecated immovable, is effected by means of a declaration of the defendant, filed in the Registrar's office, to the effect that he or she surrenders it in compliance with the judgment and by his or her relinquishing his or her possession.

406. When an immovable is thus surrendered, the Court or Judge, upon application of a creditor, may name a curator to the surrender, against whom all ulterior proceedings are directed. The plaintiff may, however, issue execution against the property declared to be hypothecated if no curator be appointed.

407. The curator has a right to collect the rents, issues, and profits, due and accrued from the time of the surrender, and may even grant leases if the sale is prevented during any considerable time.

The rents, issues, and profits of the immovable surrendered are treated as realty, and are distributed in the same manner as the price.

Section II Surrender

CHAPTER SECOND THE RETURN

SECTION I Appearance

SECTION II Election of domicile

SECTION III Non-appearance

SECTION IV Judgment by default or ex parte

SECTION V Confession of judgment

SECTION VI The filing of exhibits

CHAPTER THIRD CONTESTATION

Section I General provisions

Section II Exceptions to the jurisdiction

Section III Exceptions to the form

Section IV Dilatory exceptions, actions in warranty, and security for costs

Section V Proceedings in lieu of preliminary exceptions and demurrers

Section VI Contestation upon the merits

Section VII Issue joined

Section VIII Consolidation

CHAPTER FOURTH INCIDENTS

Section I Incidental demands and counterclaims

Section II Interventions

Section III Misjoinder or non-joinder of parties

Section IV Improbation

Section V Disavowal

Section VI Change of solicitors

CHAPTER FIFTH TRIAL

Section I Written interrogatories

Section Ia discovery

Section II Notice of admissions

Section III Evidence

Section IV Experts, viewers, references in matters of account, and arbitrators

CHAPTER SIXTH DIVERS OTHER INCIDENTAL PROCEEDINGS

Section I Continuance of suits

Section II The oath put by the court

Section III Discontinuance

Section IV Peremption of suits

Section V Miscellaneous provisions

CHAPTER SEVENTH MOTIONS AND RULES

CHAPTER EIGHTH FINAL JUDGMENT

Section I Judgment of the merits

Section II Costs

CHAPTER SECOND PETITIONS TO SET ASIDE JUDGMENT

CHAPTER THIRD OPPOSITIONS BY THIRD PARTIES

CHAPTER FIRST THE VOLUNTARY EXECUTION OF JUDGMENTS

Section I Giving security

Section II Accounting

Section IV Tender generally and payment into court

CHAPTER FIRST SUMMONS

CHAPTER SECOND COMPLULSORY EXECUTION OF JUDGMENTS

Section I General provisions

Section II Execution in real actions

Section III Execution in personal actions

Section IV Seizure by garnishment

Section V Execution upon immovables

Section VI Abandonment of property

Section VII Imprisonment

CHAPTER FIRST CAPIAS AD RESPONDENDUM

Section I The issuing of the capias

Section II The execution of writs of capias

Section III The contestation of writs of capias

Section IV Discharge upon bail

CHAPTER SECOND ATTACHMENT BEFORE JUDGMENT

Section I Simple attachment

Section II Attachment by garnishment

CHAPTER THIRD ATTACHMENT IN REVENDICATION

CHAPTER FOURTH ATTACHMENT FOR RENT

CHAPTER FIFTH JUDICIAL SEQUESTRATION

CHAPTER FIRST SUMMARY PROCEEDINGS

CHAPTER SECOND HYPOTHECARY RECOURSE AGAINST IMMOVABLES OF WHICH THE OWNERS ARE UNKNOWN OR UNCERTAIN

CHAPTER THIRD COMPULSORY PARTITION AND LICITATION

CHAPTER FOURTH ACTIONS OF BOUNDARY, OR TO VERIFY OR RECTIFY ANCIENT BOUNDARIES

CHAPTER FIFTH POSSESSORY ACTIONS

CHAPTER SIXTH PETITORY ACTIONS, OR ACTIONS FOR RECOVERY OF LAND

CHAPTER SEVENTH DISCHARGE FROM HYPOTHECS, OR CONFIRMATION OF TITLE

CHAPTER EIGTH SEPARATION BETWEEN SPOUSES

Section I Separation of property

Section II Separation from bed and board

CHAPTER NINTH OPPOSITIONS TO MARRIAGE

CHAPTER TENTH PROCEEDINGS AFFECTING CORPORATIONS OR PUBLIC OFFICES

Section I Corporations illegally formed, or violating or exceeding their powers

Section II Usurpation of public or corporate offices

Section III Mandamus

Section IV Prohibitions

Section V Injunctions

CHAPTER ELEVENTH THE ANNULLING OF CROWN GRANTS

CHAPTER TWELFTH HABEAS CORPUS AND SUBJICIENDUM IN CIVIL MATTERS

PART FOURTH THE DISTRICT COURT

PART FIFTH APPEALS TO HER MAJESTY

PART SIXTH NON-CONTENTIOUS PROCEEDINGS

CHAPTER FIRST REGISTERS OF CIVIL STATUS

CHAPTER SECOND REGISTERS OF REGISTRY OFFICES

CHAPTER THIRD REGISTERS OF SHERIFF

CHAPTER FIRST GENERAL PROVISIONS

CHAPTER SECOND LETTERS OF ADMNISTRATION

CHAPTER THIRD CAVEATS

Chapter FOURth PROVISIONAL POSSESSION

Chapter FIFth VACANT SUCCESSIONS