Raphaël MORENON
Abuse of seizure and the principle of proportionality: protection of the debtor in compulsory execution
By Raphaël MORENON19 September 2025Victim of an abusive or excessive seizure? Protect your property and your rights! Our simple guide shows you how to effectively challenge an enforcement order. Find out more!
Property seizure: the description of the premises must include the legal aspects of the property, according to the Court of Cassation
Law of guarantees, securities and enforcement measures, Seizure of propertyThe First Civil Chamber of the French Supreme Court (Cour de cassation) has just clarified the scope of the obligations of the court commissioner when drawing up a description report in the context of a property seizure. In a judgment handed down on 26 June 2024 (Cass. 1re civ., 26 June 2024, no. 23-13.236, published in the Bulletin), the Court...Reasonable trial time: a fundamental right that is often overlooked
Time limits, Civil procedureWhile awaiting a court decision, time can seem to stretch indefinitely. This feeling is echoed in the famous quotation from La Bruyère: "The duty of judges is to dispense justice; their job is to postpone it". However, the quality of justice is not only measured...The role of the judge in relation to defences - Between option and obligation
Civil procedureWhen you go to court, a number of obstacles can arise. Defences on the merits, pleas of inadmissibility, procedural objections - in the face of these obstacles, the judge has specific but limited powers. Sometimes he must act on his own initiative. Sometimes he can do nothing. The stakes are crucial for your case. The statement...The effects of defences - From decision to appeal
Civil procedureThe raising of a defence can determine the outcome of a trial. Whether it is a defence on the merits, a plea in bar or a procedural objection, its effects vary considerably. The lawyer who masters these effects has a decisive strategic advantage. Let's take a look at the consequences of each plea on the proceedings and beyond. 1....Regularisation of procedural irregularities - Principles and limits
Civil procedureCivil procedure tolerates mistakes, but not all of them. A defective writ of summons, an incorrect statement of appeal, a late legal argument - these are all irregularities that can compromise your chances of winning your case. The question is not theoretical: when can you correct these errors to save your case? When can you...Recent developments in defence law - Focus on the "Magicobus I" decree
Civil procedureThe procedural world has undergone a new metamorphosis with the entry into force of Decree no. 2024-673 of 3 July 2024 (known as "Magicobus I"). This text introduces a number of substantial changes to the way in which defences are dealt with, particularly as regards the powers of the Pre-Trial Judge (JME). These changes...Between admissibility and admission of defences: the procedural obstacle course
Civil procedureProcedural strategy is a subtle art. For those who wish to defend their interests effectively, the legal arsenal offers three types of defence: defences on the merits, pleas in bar and procedural objections. Each of these is governed by separate rules as regards both admissibility and merits. This distinction...From application to delivery: the court's role in the European order for payment procedure
Injonction de payer, Civil procedureAre you planning to recover a debt from a debtor established in another Member State of the European Union? The European order for payment procedure could be the right solution for you. But what exactly does the judge hearing such an application check? How does he assess your case? The...Scope of the European order for payment: who can use it and for what claims?
Injonction de payer, Civil procedureCollecting cross-border debts is often a tricky business. The European Union has created a powerful tool for creditors: the European order for payment. Regulation (EC) No 1896/2006 of 12 December 2006 establishes this simplified procedure, but its use requires a precise understanding of its scope of application. The material scope:...Notification and opposition to the European order for payment: protect your rights
Injonction de payer, Civil procedureThe European order for payment is transforming the recovery of cross-border debts. This procedure, governed by Regulation (EC) No 1896/2006, offers creditors a rapid solution. However, there are crucial subtleties to its implementation, particularly with regard to notification and redress. Authorised methods of notification The regulation...The European order for payment: an effective tool for cross-border debt collection
Injonction de payer, Civil procedurehtml Are you the owner of a French SME with a German customer who hasn't paid his invoice for €12,000 for three months? Do you sell products online to Spanish consumers who are accumulating unpaid bills? The European payment order could be the solution. The problem of...Exceptional remedies and protection of the defendant in the European order for payment procedure
Injonction de payer, Civil procedureCross-border debt recovery in Europe has been considerably simplified thanks to the European order for payment procedure. However, this increased efficiency for creditors raises a legitimate question: how can defendants be protected against potential abuse or error? The procedure provides for specific protection mechanisms,...Applying for a European order for payment: practical aspects and forms
Injonction de payer, Civil procedureThe European order for payment is an effective tool for recovering uncontested cross-border debts. Created by Regulation (EC) No 1896/2006, this procedure considerably simplifies the recovery of debts between companies or individuals located in different Member States of the European Union. The key stages in initiating the procedure The...Who will decide my dispute? Determining which court has jurisdiction in European order for payment cases
Injonction de payer, Civil procedureFor any creditor seeking to recover a cross-border debt, the European order for payment procedure offers an attractive solution. But before initiating this procedure, a preliminary question arises: which court should be seised? This is not an insignificant question. An error in determining which court has jurisdiction may result in the case being inadmissible...Recent reforms to the order for payment procedure: a new impetus for debt collection
Injonction de payer, Civil procedureInjunctions to pay are a fundamental tool for creditors wishing to recover their debts quickly. This procedure has recently undergone substantial changes designed to modernise it and make it more effective. Let's take a look at these changes, which are reshaping the debt collection landscape in France. The reform of the...Understanding injunctions to pay: foundations and applications
Injonction de payer, Civil procedureStuck with a customer who refuses to pay? An injunction to pay could be your solution. This procedure, which is little known to the general public, is nevertheless an effective way of recovering the sums owed without getting involved in an interminable legal battle. Definition and objectives of an order for payment An order for payment is a procedure...The order for payment procedure: stages and competent courts
Injonction de payer, Civil procedureThe injonction de payer is an effective tool for creditors seeking to recover uncontested debts. This fast-track procedure makes it possible to obtain a writ of execution without going to court. Let's take a look at the key stages of this procedure. Jurisdiction Jurisdiction of attribution Jurisdiction to hear applications for injunctions to pay...Opposition in order for payment proceedings: how to regain control
Injonction de payer, Civil procedureAn injunction to pay enables a creditor to quickly obtain an enforceable title without an initial adversarial debate. This procedure, which is effective for recovering debts, may seem unbalanced for the debtor. The legislator has therefore provided an essential mechanism: opposition. This right restores the procedural balance by allowing the debtor to...Injunction to pay: when a writ of execution turns a debt into gold
Injonction de payer, Civil procedureThe order for payment procedure often remains mysterious until its final stage: the signing of the formule exécutoire. This is when a simple piece of paper becomes a formidable legal weapon. The executory clause: the creditor's key word An imperative deadline The creditor has a period of one month...Specific payment order procedures: accelerated collection procedures
Injonction de payer, Civil procedureThe injunction to pay is a valuable tool for recovering debts. But did you know that there are specific procedures adapted to certain situations? These variants deserve our attention because they offer substantial strategic advantages. 1. An injunction for the recovery of co-ownership charges A system dedicated to the recovery of...
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