Raphaël MORENON

Civil procedure, Receivership

Receivership in the public interest is in the interests of public safety. It differs fundamentally from private sequestration. The State uses it as an instrument of coercion or collective protection. General characteristics of receiverships in the public interest Distinction from receiverships in the private interest A receivership in the public interest has three essential characteristics: This mechanism takes the form of a...

Civil procedure, Receivership

The end of the receivership is a critical phase. It involves the custodian's liability and raises complex legal issues. Anticipating these risks can help avoid costly disputes. The various reasons for the end of the receivership Natural expiry: resolution of the dispute The receivership ends when the dispute is "over" (article...

Civil procedure, Receivership

Managing a receivership requires rigour and method. Its effectiveness depends on clear procedures and diligent administration. These practical aspects determine the real protection of the assets concerned. Setting up a receiver Acceptance of the assignment A receiver's assignment is not compulsory. The appointed third party may refuse....

Civil procedure, Receivership

The success of a receivership depends on strict compliance with the procedure. A procedural error can compromise the measure and undermine the rights it protects. It is therefore essential to be familiar with the rules governing jurisdiction and the steps involved in implementing the procedure. Competent courts Jurisdiction of attribution Role of the interim relief judge...

Civil procedure, Receivership

When a dispute arises over the ownership or possession of an asset, sequestration is an effective means of protecting the rights of each party. French law distinguishes between two main mechanisms: conventional sequestration, which is the result of an agreement, and judicial sequestration, which is ordered...

Civil procedure, Receivership

Securing assets pending a court ruling is a major issue in many disputes. Sequestration meets precisely this need by providing a protective legal framework. This protective measure, which is often little-known, is nevertheless an invaluable tool for both private individuals and businesses faced with the problem of...

Law of guarantees, securities and enforcement measures, Seizure of motor vehicles

Your car is much more than just a means of transport. For most French people, it represents a significant part of their assets. This economic reality has not escaped the attention of the legislator, who has gradually developed a specific legal arsenal to govern seizure procedures for these special assets. Developments...

Civil procedure

Your case is ready. The pleadings are over. And yet no decision is forthcoming. Weeks go by, then months. The judge seems to have forgotten about your case. What can you do about it? The summons to judge is a little-known but powerful tool for forcing a judge to render a decision. Summons to judgment:...

Law of guarantees, securities and enforcement measures, Enforcement judge

Have you won your case, but the opposing party refuses to enforce the judgment? Has your debtor failed to pay despite a court ruling in your favour? The enforcement judge (JEX) is the institutional response to these situations. This specialised court is an essential part of the judicial system...

Sunset, Civil procedure

Have you obtained a debt but are struggling to recover it? Precautionary and enforcement measures are invaluable tools. But beware: these measures may lapse if certain procedural rules are not followed. It is crucial to understand the whole issue of lapsing in civil procedure. The...

Acquiescence, Civil procedure

In civil procedure, acquiescence is a legal act with often radical consequences. It consists of acknowledging the validity of one's opponent's claims or submitting to a court decision, thereby closing the door to future disputes. Committed by mistake or through lack of information, this unilateral act...

Time limits, Civil procedure

Time is of the essence in all legal proceedings. In the legal arena, time limits structure all civil litigation and regulate the pace of exchanges between the parties. Compliance with them often determines the validity of the documents themselves. What is a time limit in civil procedure? A time limit in civil procedure is...

Civil procedure

In the sometimes opaque world of debt collection, some legal tools are more effective than others. The summons for enforcement belongs to this category of acts which, although little known to the general public, are a powerful lever for encouraging a debtor to comply voluntarily. What is a summons for enforcement?

Law of guarantees, securities and enforcement measures, Seizure of motor vehicles

Vehicle immobilisation is a formidable weapon in the legal arsenal of creditors. This enforcement measure, specifically designed for land motor vehicles, makes it possible to circumvent their mobile nature, which often represents a major obstacle during recovery proceedings. Principle and advantages of physical immobilisation Physical immobilisation represents a...

Time limits, Civil procedure

Civil procedure is based on time limits that structure judicial time and guarantee balanced justice. These time limits come from three distinct sources: the law, the judge and sometimes even agreements between the parties. Accurate knowledge of these time limits is a major challenge for all litigants. Legal time limits...

Judicial agent of the State, Civil procedure

The French State is a major player in legal life and regularly finds itself involved in litigation. For a thorough understanding of the origin and essential missions of the State's Judicial Agent, it is crucial to know who can represent it before the courts. The answer is not left to chance:...

Sunset, Civil procedure

A procedural document declared null and void can wipe out months of effort and compromise the outcome of a dispute. Lapse in civil proceedings is a formidable sanction in civil law, often imposed to punish a party's inactivity or failure to comply with a time limit, whether for a summons, an appeal or an injunction...

Law of guarantees, securities and enforcement measures, Enforcement judge

The seizure of property is not a procedure like any other. Since the 2006 reform, the enforcement judge (JEX) has played a key role in this complex procedure, which results in the forced sale of a property. The central role of the JEX in the procedure The jurisdiction of the JEX in...

Time limits, Civil procedure

In the legal system, time is rarely an ally of litigants. However, certain time limits are essential safeguards. Unlike time limits for taking action, which require you to act quickly on pain of foreclosure, time limits for waiting prohibit any initiative until they have elapsed. These "brake periods" allow time for reflection and protect...

Civil procedure

In France's legal arsenal, certain tools remain unjustly in the shadows despite their formidable effectiveness. The interpellative summons, an often overlooked legal tool, is one of these. Far from being a mere formality, it constitutes a formidable strategic act for any litigant wishing to consolidate a case before taking legal action....