Raphaël MORENON
Over-indebtedness of individuals: cancellation of debts and obstacles to compulsory enforcement
By Raphaël MORENON18 September 2025In the face of excessive debt in France, find out how the legal procedure can give you a fresh start and even wipe out your debts. Get out of debt!
Temporal application of civil enforcement procedure laws
Guarantees, securities and enforcement lawWhen a new law changes the rules on enforcement, how do you know which text applies to your current case? This question, far from being theoretical, often determines the outcome of enforcement proceedings. Between the protection of acquired rights and the immediate application of new legislation, transitional law lays down rules...Court-ordered mortgages: legal and conservatory mortgages
Law of guarantees, security interests and enforcement measures, Security interests in immovable propertyThe world of mortgages is not limited to the guarantees voluntarily given as part of a property loan. In some cases, a court ruling can be the very source of a mortgage, transforming a recognised claim into a solid right over your debtor's assets. Similarly, it is sometimes possible...Special cases in insolvency proceedings: focus on the spouse, the right of retention and the security trust
Guarantees, securities and enforcement lawInsolvency law, with its rules for dealing with debts and safeguarding businesses, often interferes with other branches of law. When the debtor's situation involves his or her spouse, assets held jointly or in joint tenancy, or when specific guarantees are required, the law...Terminating a mortgage: payment, discharge and other causes of extinction
Law of guarantees, security interests and enforcement measures, Security interests in immovable propertyA mortgage is not set in stone for eternity. Like any debt-related security, it has a lifespan, and a number of events can bring it to an end. Beyond its creation and initial registration, understanding how a mortgage is extinguished is essential. Whether you finally...Effectiveness of securities in insolvency proceedings: how to make the right choice?
Guarantees, securities and enforcement lawA debtor's default threatens your claims. Collective procedures - safeguard, reorganisation, judicial liquidation - limit your rights to take legal action. In this context, not all securities are created equal. Some are resilient, others collapse. One thing is clear: the majority of creditors recover less than 10% of their claims in...Security interests and the suspect period: the risks of cancellation prior to insolvency proceedings
Guarantees, securities and enforcement lawThe opening of insolvency proceedings, whether a receivership or compulsory liquidation, marks a difficult turning point for a company and its creditors. But did you know that the effects of these proceedings can go back in time? Acts carried out just before the decision to open proceedings, in particular the provision of guarantees (securities),...The immovable mortgage: understanding the basics and the importance of advertising
Law of guarantees, security interests and enforcement measures, Security interests in immovable propertyHypothec is a term you hear a lot, whether in connection with a mortgage, securing a business debt or even in certain disputes. But what does this legal concept really mean? More than just a word, it is a powerful mechanism that is essential for securing large debts. To find out more...A practical guide to security interests for businesses: understanding the essentials
Guarantees, securities and enforcement lawIn an unstable economic environment, securing receivables is an absolute priority. An unpaid invoice, a customer in financial difficulty, a defaulting partner - these are all situations that directly threaten your company's cash flow. In such cases, security is your legal shield. These mechanisms protect your rights and maximise...Collective proceedings and publication of security interests: the importance of registration and its limits
Guarantees, securities and enforcement lawObtaining security over your debtor's assets, such as a mortgage on a building or a pledge over his business, is an important step in securing your receivables. In this way, you think you are protected in the event of default. But having security is not always enough. To ensure that it...Setting up and registering a mortgage: the key stages in securing a debt
Law of guarantees, security interests and enforcement measures, Security interests in immovable propertySetting up a mortgage can seem like a journey fraught with administrative and legal pitfalls. However, although it requires rigour and precision, the creation and registration of a mortgage follows a well-defined logic and stages. Understanding immovable property mortgages, their basic principles and the importance of publicising them is essential to...Sale of the assets of a company in difficulty: what consequences for your security interests?
Guarantees, securities and enforcement lawImagine you have a mortgage on a building or a pledge on a company's business as security for a major loan. Unfortunately, the company runs into serious difficulties and is subject to insolvency proceedings. Then you learn that the property on which your guarantee is based is going to be sold,...Owner of a mortgaged property: what are your rights and obligations?
Law of guarantees, security interests and enforcement measures, Security interests in immovable propertyOwning a property that is subject to a mortgage is a common situation, whether you have taken out a loan secured by the property yourself, or whether you have acquired a property that is already subject to a mortgage. While a mortgage does not dispossess you of your property, it does create a framework...Mortgages and trusts: the best tools for securing your property transactions
Law of guarantees, security interests and enforcement measures, Security interests in immovable propertyProperty transactions involve considerable sums of money. The risk of non-payment threatens every creditor. In this context, real estate securities offer effective protection. They guarantee you a right to a property in the event of default by the debtor. These legal mechanisms vary in complexity and effectiveness. Your choice will determine...What happens to your rights as a secured creditor during the insolvency proceedings: preference and payments
Guarantees, securities and enforcement lawDo you hold a mortgage, pledge or other form of security over the assets of a company that is experiencing difficulties? Naturally, you think that this security will ensure that you get paid first if things go wrong. After all, that's the main purpose of a guarantee. However, when...Unpaid mortgage: the creditor's rights (preferential and resale rights)
Law of guarantees, security interests and enforcement measures, Security interests in immovable propertyA mortgage is a valuable guarantee for a creditor. But what happens in practice if the secured debt is not repaid on the due date? What levers does the creditor have at his disposal to recover the sums owed to him thanks to this property security? Far from being a mere mention...Movable sureties: protect your business claims effectively
Law of guarantees, security interests and enforcement measures, Security interests in movable propertyProtecting your receivables is vital for your business. A defaulting customer, a partner in financial difficulty or an insolvent debtor can put a strain on your cash flow. The movable assets of your debtors are a valuable pledge for securing your receivables. French law offers several mechanisms adapted to different situations...Security law and insolvency proceedings: changes introduced by the Order of 15 September 2021
Guarantees, securities and enforcement lawThe relationship between securities law and insolvency law has always been complex, not to say conflicting. On the one hand, securities are designed to provide effective protection for creditors in the event of a debtor's default. On the other, insolvency law pursues broader objectives: safeguarding the interests of the debtor and...Real security for third parties: a renaissance of real surety?
Law of guarantees, security interests and enforcement measures, Security interests in immovable propertyFor a long time, the legal classification of security in rem constituted to guarantee the debt of another person has been the subject of major controversy in French law. Traditionally referred to as "real surety", this practice enabled a third party to guarantee the principal debtor's debt by assigning property belonging to him, or to a third party....The revolution in property security: disappearance of special liens and reform of mortgages
Law of guarantees, security interests and enforcement measures, Security interests in immovable propertyProperty security is the cornerstone of real estate lending, for both individuals and businesses. Order no. 2021-1192 of 15 September 2021 radically overhauled this essential area of security law, making structural changes including the outright abolition of real estate liens...Security interests in movable property after the Ordinance of 2021: simplification and modernisation
Law of guarantees, security interests and enforcement measures, Security interests in movable propertyThe law governing movable securities in France has become progressively more complex over the decades, to the point where it has become a veritable legal labyrinth for practitioners and litigants alike. With multiple liens, a distinction between pledge and collateral, and special security interests scattered across different codes, professionals seeking to effectively secure their receivables had to...
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