Raphaël MORENON
Civil enforcement procedures and seizures in France: complete guide, 2025 reforms and impact on couples
By Raphaël MORENON19 September 2025Unpaid debts, seizures: understand debt recovery and defend your rights. A clear guide for creditors and debtors in France.
Payment deferrals and debt adjustment: how to negotiate with your creditors
Guarantees, securities and enforcement lawTemporary inability to pay debts does not necessarily mean immediate seizure of your assets. French law offers a number of mechanisms that allow debtors in difficulty to breathe easy financially while protecting the interests of creditors. The grace period: a judicial breath of fresh air Conditions for granting the grace period...Conditions of validity of acquiescence
Acquiescence, Civil procedureIn the legal world, acquiescence is an important act with significant legal consequences. Whether it involves acquiescing to a claim or to a judgment, this unilateral legal act makes it possible to agree to opposing claims or to submit to a court decision. For a complete understanding of acquiescence and its...Areas of application of application orders: a complete overview
Civil procedure, ApplicationThe ordonnance sur requête is a procedural tool with many uses. In my practice, I regularly find that many litigants are unaware of this procedure, even though it can be extremely effective. Defined in article 493 of the Code of Civil Procedure as "a provisional decision rendered without adversarial hearing in cases...Tenancy eviction: rights and protection for tenants in difficulty
Guarantees, securities and enforcement lawLosing your home is a major trauma. Thousands of French people are evicted from their homes every year. The law seeks to strike a balance between the rights of the landlord and the protection of the tenant. Legislation provides mechanisms to prevent or delay eviction. The right to housing and its implications The...Express and implicit acquiescence: how do you recognise it?
Acquiescence, Civil procedureAcquiescence is a subtle legal mechanism that puts an end to litigation. To understand its definition and basic principles, please consult our dedicated page. It involves a party accepting either the claim made by its opponent (acquiescence to the claim) or the decision handed down by a judge...Investigative measures in futurum: preserving evidence before any trial
Civil procedure, ApplicationWhen evidence is in danger of disappearing, article 145 of the Code of Civil Procedure offers a valuable tool. This procedure makes it possible to organise the preservation of evidence even before legal action is taken. Its legal mechanism needs to be clearly understood. Article 145: an essential preventive mechanism Article 145 of the Code...Seizure by declaration: procedure and legal effects
Law of guarantees, securities and enforcement measures, Seizure of motor vehiclesCars are often a significant part of a debtor's assets, making them a prime target for creditors. The law has developed specific enforcement mechanisms tailored to these valuable mobile assets. Among these, seizure by declaration represents an effective intellectual measure, distinct from the physical immobilisation of the vehicle. 1 Origins...Legal and voluntary acquiescence: enforcement of the judgment and consequences
Acquiescence, Civil procedureYou have lost your case. You hesitate to appeal. In the meantime, you receive an invitation to pay the fines. You comply without reservation. Did you know that this simple payment could permanently deprive you of your right to appeal? This is the dreaded effect of implied acquiescence. For an in-depth analysis of the consequences...The role of third parties in seizure proceedings
Guarantees, securities and enforcement lawEnforcement procedures involve a triangle of players: the creditor who claims what is owed, the debtor who must perform, and third parties who hold information or assets belonging to the debtor. Although often overlooked in legal analysis, third parties play a decisive role. Their collaboration can speed up the recovery of a debt...IOUs: an essential document for securing your loans and receivables
Civil lawLending money to a loved one or extending a payment term is often based on trust. But over time, memories fade and relationships change. A disagreement may arise over the very existence of a debt. How do you prove that a sum has been lent? How can you guarantee repayment of a debt?Automatic ("de plano") recognition of foreign judgments: when exequatur is not required
Judgment, Civil procedureJust imagine: you have been divorced abroad, or a foreign court decision has established a parent-child relationship concerning you, or you have been appointed guardian of a relative by a court outside France. Do you systematically have to go through the exequatur procedure, which can be long and complex (described in our second...Non-contentious matters in civil procedure: when the judge intervenes without litigation
Civil procedureWe often think of the judge as the person who settles a dispute, who decides between two adversaries with opposing interests. However, sometimes you need to go to court even when there is no conflict and no declared adversary. This is the special field of "non-contentious matters", a lesser-known facet of the legal system...Freedom to defend oneself, publicity, fairness: the other guarantees of a fair civil trial
Civil procedureIn a previous article, we saw the extent to which the adversarial principle is essential to guaranteeing a balanced debate before the civil courts. But a fair trial is not just about being able to respond to your opponent's arguments. There are other fundamental principles, some of which are less well known...The key conditions for a foreign judgment to be recognised in France
Judgment, Civil procedureEven if a foreign judgment seems perfectly official and final in its country of origin, it does not automatically receive a 'visa' to take full effect in France. Whether you are seeking to enforce a foreign judgment (via exequatur, as discussed in our previous article) or are concerned...My judgement contains an error or is ambiguous: what can I do?
Judgment, Civil procedureThe common idea is that once a judgement has been handed down, it is final and puts an end to a case. To a large extent, this is true, not least because of the res judicata referred to above. However, court rulings can sometimes contain obvious errors, mistakes or...You've won your case: how do you recover costs?
Costs and expenses, Civil procedureThe judgement has finally come down, and it's in your favour. This is a decisive step, and often a relief after months or even years of proceedings. The decision also orders your opponent to reimburse you for the "costs" of the proceedings, i.e. the costs that have been advanced for the entire...The adversarial principle: the golden rule of a fair civil trial
Civil procedureJust imagine: you're summoned to court, but you don't know exactly what you're accused of. Or worse, a decision is made against you without you having had a chance to present your arguments or respond to those of your opponent. Such a situation would not only be unfair, it would...Judgment rendered: what now? Notification, enforcement and possible appeals
Judgment, Civil procedureThe judge has made his decision, and the verdict is in. For many people, this marks the end of a period of tension and uncertainty. However, from a procedural point of view, the delivery of the judgment is often only one stage in the process. Whether you have won your case or the decision has been...Legal fees: what is included (or not) in costs
Costs and expenses, Civil procedureInitiating legal proceedings or organising one's defence involves calling on the services of a lawyer, an investment in time, confidence and, of course, money. The question of the cost of this intervention is central. Another, just as essential, follows: in the event of success, how much of these costs...Civil proceedings: who brings the facts, who tells the law? Roles shared between you and the judge
Civil procedureWhen you embark on a civil lawsuit, two essential elements come into play: the facts (what actually happened, the concrete events that gave rise to the dispute) and the law (all the legal rules that apply to the situation). The question then arises: who is responsible for...
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