The sale of seized crops: practicalities and incidents

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Enforcement against agricultural property poses particular challenges. The sales phaseThis requires a procedure adapted to their ripening cycle.

The seizure of standing crops, which precedes this stage of the sale process, is subject to the following rules mechanism, conditions and legal particularities specific.

Alternative between amicable sale and forced sale

The seizure of standing crops follows the general rules for seizure and sale, with some adjustments. The debtor has a wide choice of whether to proceed with an out-of-court sale or to undergo an auction.

The amicable sale mechanism

The Code of Civil Enforcement Procedures allows debtors to sell seized crops themselves. Article R. 221-30 gives the debtor a period of one month from notification of the seizure report. This period is extended by 15 days to allow the creditor to express an opinion on the proposed sale (art. R. 221-31).

The price obtained must be deposited with the distraining bailiff.

The inadequacy of legal deadlines

This option has one major drawback: the legal deadlines do not fit in well with the biological rhythm of crops.

Seizures may only be carried out in the following cases six weeks before maturity (art. R. 221-57). If we add the period of one and a half months for amicable sale, we run the risk of exceeding the optimum harvest time. As the authorities have pointed out: "Like wheat, fruit does not tolerate delays".

The risk increases if the creditor's opinion is unfavourable. In this case, a forced sale has to be organised, which further delays the due date.

Forced sales: organisation and formalities

In the absence of an amicable sale within the allotted time, and after complying with the essential formalities for the seizure of standing cropsthe bailiff proceeds with a public auction.

Prior publicity

Article R. 221-60 requires specific advertising in the form of posters displayed in two strategic locations:

• At the Town Hall
• At the market nearest to where the crops are located

These posters must mention :

• The day, time and place of the sale
• The land on which the crops are grown
• Its capacity
• The nature of fruit

The sale must be advertised at least 8 days before the sale date.

Unlike traditional seizure and sale, no press advertising is required. However, there is nothing to prevent this procedure being used for large harvests.

Terms of auction

It is the bailiff who conducts the sale. Since 1 January 2017, bailiffs have had national jurisdiction over public auction sales (Ord. no. 45-2592, 2 Nov. 1945, art. 3, para. 1).

From 1 July 2022, these powers will be exercised by commissaires de justice, a new profession resulting from the merger of bailiffs and auctioneers (Ord. no. 2016-728, 2 June 2016).

Place of sale

The place of sale varies according to the state of the harvest:

• If the fruit is still standing, it will be sold on site.
• If the harvest has been carried out, it is held on the neighbouring market (art. R. 221-61)

There are three possible scenarios:

1. The crop is sold on the hoof and the successful tenderer harvests it himself.
2. The debtor collects the goods before the sale, with the authorisation and under the supervision of the bailiff.
3. The manager appointed by the judge carries out the harvest

Incidents and complaints

The specific nature of the assets seized has an impact on how incidents are handled.

Opposition to the sale

Third parties claiming to have rights over the crops may oppose the sale. Proof of their right of ownership may be established by the production of an authenticated lease (Cass. 1re civ., 30 Nov. 1982).

Judges have sovereign power to assess evidence. A private deed without a date certain cannot be enforced against the distraining creditor (Cass. 1re civ., 29 June 1982, no. 81-11.955).

Opposition-junction

The Court of Cassation has validated the regularisation of an opposition-junction to a seizure of standing crops in the presence of an agricultural warrant previously granted over the crop (Cass. 1st civ., 12 Nov. 2015, no. 14-23.106).

However, the maximum period within which this objection must be lodged is still open. Does it have to take place before the statement of inspection? Does it have to be drawn up at the time of harvesting or picking, or just before the fruit is removed?

This question takes on particular importance depending on the type of crop:

• Some products are harvested instantly
• Others see their harvest staggered over time (grape harvest, apple picking).

Dispute management

In the case of perishable fruit, it is unlikely that an enforcement judge will rule on a dispute before the fruit is ripe.

A pragmatic solution would be to allow the sale to continue and the price to be deposited pending the outcome of the dispute. This approach preserves the economic value of the harvest while guaranteeing the rights of the parties.

These practical difficulties explain the disaffection of practitioners for this procedure, which, like the purse seizure before it, seems destined to fall into disuse.

Sources

• Code of Civil Enforcement Procedures, articles R. 221-30 to R. 221-32, R. 221-57 to R. 221-61
• Order no. 45-2592 of 2 November 1945, article 3
• Order no. 2016-728 of 2 June 2016
• Cass. 1st civ. 30 Nov. 1982, D. 1983, inf. rap. p. 399
• Cass. 1re civ., 29 June 1982, n° 81-11.955, JurisData n° 1982-701973
• Cass. 1st civ., 12 Nov. 2015, no. 14-23.106, JurisData no. 2015-025201

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