Raphaël MORENON
Commissaire de justice: powers, monopoly and enforcement reforms in French law
By Raphaël MORENON19 September 2025The bailiff: what are his real powers? Seizures, debts... Understand his limits to better protect your rights.
Enforceable titles in French law: a practical guide
Guarantees, securities and enforcement lawWhen a debtor refuses to pay, the creditor is often at a loss. Without a writ of execution, it is impossible to initiate enforcement proceedings. Every week, our firm receives clients who discover this reality after several months of unsuccessful reminders. What is a writ of execution? An enforceable title is the key to...I can't pay the bailiff: what should I do?
Guarantees, securities and enforcement lawReceiving a letter from a judicial commissioner (formerly a bailiff) and not being able to pay the sum claimed is a frightening situation. However, ignoring the problem is the worst strategy for avoiding more serious consequences. There are practical solutions for dealing with the situation, negotiating and, if necessary,...Time limits and obstacles to enforcement
Guarantees, securities and enforcement lawDebt collection is a race against time. Even with an enforcement order in hand, the creditor comes up against various time obstacles that can delay or even prevent recovery. This often overlooked time dimension is a decisive factor in the effectiveness of an enforcement procedure. Time limits...How to divide a sum of money between creditors without enforcement proceedings
Guarantees, securities and enforcement lawYou have a sum of money to distribute among several creditors, but no enforcement proceedings are under way. What is the legal procedure? There are specific rules governing the distribution of funds outside any enforcement proceedings. The legal framework This procedure is governed by articles 1281-1 to 1281-12 of the...Seizure of movable property: how is the sale price apportioned?
Guarantees, securities and enforcement lawThe seizure of movable property often results in the forced sale of the debtor's assets. But what happens to the money collected from the sale? This sum is not automatically given to the seizing creditor. A specific procedure governs the distribution of the money. The reform of distribution procedures French law has...Lapse in civil procedure: when your legal acts lose their effect
Sunset, Civil procedureCivil procedure is full of technical pitfalls that can wreck your legal efforts. One of the most notorious but formidable of these pitfalls is nullity. An act that has lapsed has serious consequences: the proceedings are terminated, rights are lost and it is impossible to take further action. This mechanism mainly sanctions procedural negligence. What is nullity?The forced sale of ships and aircraft: a specific legal regime
Guarantees, securities and enforcement lawThe auction of a luxury yacht in Cannes. The seizure of an Airbus A320 on the tarmac at Roissy airport. These operations are governed by special rules. Transport goods - ships, inland waterway vessels and aircraft - represent considerable assets, the forced sale of which implies a special...Understanding auctions - principles and definitions
Guarantees, securities and enforcement law, AuctionsWhat is an auction? Legal definition An auction is an offer to buy an item at a specific price at a public sale. It represents a bid made by a bidder as part of a specific procedure. This offer to purchase is part of a formalised process in which the item is awarded to the highest bidder....Challenging a proposed cash distribution: procedures and deadlines
Guarantees, securities and enforcement lawChallenging a proposed distribution of the proceeds of a seizure or sale requires a detailed knowledge of the procedures. Creditors and debtors have specific ways of defending their financial interests. Legitimate grounds for challenge There are two main situations in which a distribution of funds may be challenged: The stake...Maritime liens: understanding these priority guarantees on ships
Law of guarantees, securities and enforcement measures, Maritime mortgagesIn the wake of the maritime mortgage, another category of guarantees specific to the naval world plays an essential role: maritime liens. Less well known to the general public, they are no less formidable for the creditors who benefit from them. Unlike a mortgage, which arises from a contract, a lien is...Understanding the maritime mortgage: an essential guarantee for ships
Law of guarantees, securities and enforcement measures, Maritime mortgagesThe maritime world fascinates, with its ships criss-crossing the oceans for trade or leisure. But behind the image of adventure, a ship represents above all a considerable investment and a major economic asset. Like any valuable asset, it can be used as collateral to obtain financing. For creditors...Immunities from execution: when recovery comes up against the wall of sovereignty
Guarantees, securities and enforcement lawYou won your case. The judge has ruled in your favour. You have a writ of execution. However, your debt remains unpaid because the debtor has immunity from enforcement. This paradoxical situation deserves a closer look. What is immunity from execution? Immunity from execution is a privilege that allows certain legal entities...The protest in commercial law: a complete guide to understanding this essential act
Commercial, business and competition lawThe business world is based on trust, but it also relies on precise legal mechanisms to govern transactions and deal with payment incidents. Among these tools, one word in particular resonates with a certain gravity: the "protest". This act remains of strategic importance in the...Bearer notes: operation and rules of a discreet payment instrument
Banking and securities lawIn the landscape of financial instruments and means of payment, some tools, although less common today, retain a legal existence of their own. Alongside the well-known cheques, transfers and bills of exchange, the bearer note is a curiosity. Its apparent simplicity, however, conceals a legal regime...Victim of a miscarriage of justice? Your rights to compensation
Judicial agent of the State, Civil procedureThe Outreau case left a lasting impression: thirteen people were acquitted after being held in pre-trial detention for up to three years. This judicial drama, which highlighted the ordeal of the wrongly accused, is a poignant illustration that the judicial system is not infallible. Behind the mistakes lie...Understanding legal action in France: the basics
Civil procedureGoing to court can be a complex process, full of pitfalls and technical terms. Many people think that all it takes to win a case in court is to be "right". However, the legal reality is more nuanced. At the heart of all legal proceedings in France is an essential notion, but one that...Cross-border enforcement and exequatur of foreign judgments
Guarantees, securities and enforcement lawWinning a case does not guarantee payment. This situation is exacerbated when the debtor or his assets are located abroad. Exequatur under French common law Exequatur transforms a foreign judgment into an enforceable title in France. This process is based on article 509 of the Code of Civil Procedure: "judgments...The foundations of a trial: understanding the validity of pleadings
Civil procedureA simple document can sometimes change the outcome of a case. Whether it's a writ of summons to start proceedings, pleadings to present your arguments, or a petition to the judge, these "procedural documents" are the driving force behind any legal action. Their validity is not a mere administrative formality...The limits of res judicata: when can a decision be challenged and when does it not apply?
Civil procedureIn our previous articles, we established that the principle of res judicata is a powerful rule: a case that has been decided cannot be tried again (autorité de la chose jugée) and a decision becomes irrevocable, i.e. 'final', once all appeals have been exhausted. This rule ensures stability and security...Who can take legal action? Acting for yourself or for others
Civil procedureWe have seen in previous articles that taking legal action is not simply a question of being right, but requires that specific conditions be met for the claim to be deemed admissible. One of the fundamental conditions is that of direct and personal interest: in principle, only the person directly concerned...
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