Identifying the owner of an immovable on the one hand, and identifying an immovable on the other, requires identifying the title under which the owner owns the immovable.
The notion of relative effect
The deed recording a transfer of ownership must mention the relative effect, i.e. the deed by which the distrainee debtor became the owner of the seized property, with its publication references, in accordance with article 32 of decree no. 55-1350 of 14 October 1955 : "1 Subject to the provisions of article 35 below, no publicity formalities may be carried out in the real estate register in the absence of prior or simultaneous publicity of the deed, court decision or certificate of transmission by death establishing the right of the disposing person or last holder.
The disposing party or last holder, within the meaning of Article 3 of the Decree of 4 January 1955 and of this section, means the person whose right is transferred, modified, confirmed, encumbered or extinguished - or is likely to be - with or without consent by the formality whose publication is required.
2. To enable the application of 1 to be checked, and subject to the provisions of articles 35 to 37, all extracts, dispatches or copies and, in accordance with 6° of 2 of article 55, all slips filed with the land registry service from 1st January 1956 must contain the references (date, volume, number) of the formality given to the title of the disposing person or last holder of the right, or to the notarised certificate of transmission by death for his benefit.
If the title or certificate has not yet been published, the document filed must specify that publication will be required at the same time.
The relative effect may result from a sale, a gift, the devolution of an estate, or even a combination of these elements.
Mention of the relative effect
Failure to mention the relative effect will result in the rejection of the publication of the deed in accordance with article 33 of the same decree.
Nevertheless, the act that "was not drawn up or delivered with the assistance or at the request of the last holder of the right and, in particular, in the event of seizure, legal claim, [...]". (article 36 1. of the same decree) does not have to mention the relative effect. This means that the summons to pay equivalent to a seizure, the summons to the orientation hearing and the notice to registered creditors do not have to mention the relative effect, but that it must be mentioned in the conditions of sale.
That's right, "The deed of sale consists of a copy of the conditions of sale bearing the executory formula, after which the auction judgement is transcribed. (article R. 322-61 of the Code of Civil Enforcement Procedures). Since the title deed records a transfer of ownership, it must mention the relative effect. As this is not mentioned in the auction judgement, the content of which is precisely defined in article R. 322-59 of the French Code of Civil Enforcement Procedures, it must be included in the conditions of sale.
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