96. The Court further notes that the Cassation Court adopted the same
interpretation of Article 444 of the Code of Civil and Commercial Procedure
in light of the principle of second chance for the owner to sell the property
at a higher price, and in light of the legislator’s intention in this regard.
97. It emerges from these findings that the Cassation Court’s judgment is based
on legal grounds. The cassation judgment challenged by the Applicant was
based on the following grounds:
The principle of the second chance for the owner to sell his property at
a higher price (Al-Tasdis), as stated in the explanation of the reasons
for its legislation, is intended to give the debtor, that is, the owner of the
asset being actioned off, a chance to sell his property at a higher price
than that agreed at the first auction. This is in the interests of both the
owner and the creditors, including the claimant who initiated the forced
sale. The legislator therefore wanted to ensure that only serious and
credible bidders participate in the second auction. It is in this context
that the guarantee deposit becomes a requirement. It is required of the
bidders and the seller, but it is not reasonable to require the same of
the bidder who won the first auction.
98. In view of the foregoing, the Applicant does not prove any apparent
irregularity or misapplication of the law by the domestic courts that would
warrant the intervention of this Court.
99. Consequently, the Court considers that the Respondent State did not violate
the Applicant's right to a fair trial, protected by Article 7 of the Charter, as
regards the misapplication of the law by domestic courts.
ii. Alleged violation of the right to have decisions delivered in open court
100. The Applicant alleges violation of his right to have decisions delivered in in
open court, enshrined in Article 108 of the 2014 Constitution of the Republic
of Tunisia, under which “Court hearings are public ... Judgment may only be
delivered in open court”. It maintains that this rule has not been respected
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