Raphaël MORENON
Public sale of abandoned personal property: procedure and specific rules
By Raphaël MORENON24 September 2025Do you have abandoned customer items cluttering up your premises? Find out how to sell them legally to free up your space and recover what you're owed. A simple guide.
The receivership procedure: jurisdiction and implementation
Civil procedure, ReceivershipThe 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...Conventional and judicial sequestration: two distinct mechanisms to master
Civil procedure, ReceivershipWhen 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...Sequestration under French law: definition and fundamental principles
Civil procedure, ReceivershipSecuring 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...The basics of seizing land motor vehicles
Law of guarantees, securities and enforcement measures, Seizure of motor vehiclesYour 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...Summons to judge: a remedy against denial of justice
Civil procedureYour 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:...The enforcement judge (JEX): who is he and what are his powers?
Law of guarantees, securities and enforcement measures, Enforcement judgeHave 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...Lapse of precautionary and enforcement measures: pitfalls to avoid
Sunset, Civil procedureHave 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...The effects of acquiescence and its practical consequences
Acquiescence, Civil procedureIn 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...Understanding the fundamentals of time limits in civil proceedings
Time limits, Civil procedureTime 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...Enforcement summonses: the driving force behind amicable debt collection
Civil procedureIn 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?Physical immobilisation of the vehicle: procedure and particularities
Law of guarantees, securities and enforcement measures, Seizure of motor vehiclesVehicle 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...Sources of time limits in civil proceedings
Time limits, Civil procedureCivil 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...The legal mandate of the State's Judicial Agent: who can defend the State in court?
Judicial agent of the State, Civil procedureThe 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:...Challenging a lapsing decision: appeals and strategies
Sunset, Civil procedureA 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...The JEX and property seizures: a specific type of litigation
Law of guarantees, securities and enforcement measures, Enforcement judgeThe 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...Waiting periods in civil proceedings: a guarantee for the rights of the defence
Time limits, Civil procedureIn 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...The summons: a little-known tool for establishing evidence
Civil procedureIn 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....Vehicle seizure: when your status as a creditor determines the procedure
Law of guarantees, securities and enforcement measures, Seizure of motor vehiclesRecovering an unpaid vehicle or obtaining payment for it? The procedure depends on your status. Whether you are a simple creditor, an owner or a pledgee, each situation triggers a different legal mechanism. The diversity of seizure situations Immobilising a vehicle is the initial stage common to all procedures. Whether the aim is to obtain payment or...The injunction to do: how to position it among other similar procedures?
Injonction de faire, Civil procedureIn the French legal arsenal, the injonction de faire remains little known to non-lawyers. Yet this simplified procedure can force a co-contractor to perform when he is reluctant to fulfil his obligations. But how can it be distinguished from other similar procedures? When should it be used rather than an injunction to pay, a summary procedure or other alternatives? Injunction...Exceptions to the legal mandate of the judicial agent of the State
Judicial agent of the State, Civil procedureAlthough the Judicial Agent of the State (AJE) has a monopoly on representing the State before the courts, particularly when it comes to the liability of the State and its judges, there are important limits to this principle. In certain areas, representation of the State is entrusted to other entities. These exceptions may go unnoticed...
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