Raphaël MORENON
Distribution of funds after seizure of movable property: procedure, players and legal remedies
By Raphaël MORENON17 September 2025Seizure of movable property: how is the money distributed? Find out about the procedure for distributing funds between creditors and debtors, and protect your rights. A clear guide.
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...The enforcement of the European order for payment: from enforceability to effective enforcement
Injonction de payer, Civil procedureObtaining an enforcement order does not guarantee payment. The creditor's journey does not end with the European order for payment (EOP) - it really begins at this stage. Between legal obstacles and practical difficulties, cross-border enforcement remains a path strewn with pitfalls for European creditors. Acquiring force...The economy of the judicial contract and its authority
Judicial contract, Civil procedureWhen a dispute is settled in court, the parties may choose to reach an agreement rather than wait for an imposed decision. This agreement mechanism, known as a judicial contract, has a hybrid nature. It combines contractual freedom and judicial authority. But what is the real scope of this type of agreement? What power...The contractual basis of the judicial contract
Judicial contract, Civil procedureIn the meanders of judicial litigation, a hybrid mechanism has emerged: the judicial contract. Neither entirely conventional nor entirely judicial, it draws its strength from the will of the parties while benefiting from the anointing of the judge. Often misunderstood, this mechanism enables litigants to work together to find a solution to their dispute,...Judicial contracts: definition and legal nature
Judicial contract, Civil procedureThis hybrid legal form is fascinating because of its complexity. The judicial contract lives in a troubling in-between state: it is both agreement and judgement, agreement and decision. Origin and definition of the judicial contract Born out of judicial practice, the judicial contract essentially refers to an agreement concluded between parties and...Judicial intervention in judicial contracts
Judicial contract, Civil procedureThe concept of a judicial contract lies at the crossroads of contract law and procedural law. This hybridity raises complex questions about the role of the judge. What is its nature? What are its limits? The paper "Judicial Contracts" by Gaëlle Deharo, professor at ESCE International Business School...Remedies against a judicial contract
Judicial contract, Civil procedureHow do you challenge a poorly drafted legal contract? The hybrid nature of this legal instrument complicates the issue of possible remedies. Practitioners must navigate carefully between the contractual regime and the judicial dimensions. Applicable legal remedies The judicial contract, the intersection between the conventional and the judicial, is...Guarantee calls in civil proceedings: mechanisms, strategies and pitfalls to avoid
Guarantee call, Civil procedureThe "appel en garantie" is a powerful procedural tool, making it possible to bring a third party into a lawsuit so that it will bear any penalties that may be imposed. Although it is fundamental in civil and commercial litigation, its relationship with mechanisms such as joint and several liability or arbitration reveals complexities that are often overlooked. This article, published in...The territorial jurisdiction of the courts: why your address is decisive
Civil procedureYou're moving house and changing your address on all your administrative documents. But have you thought about the legal consequences of this change? Your address determines which court will hear your disputes. A fundamental rule that dates back to Roman law. The fundamental principle: "Actor sequitur forum rei" This Latin maxim means...Avoid the pitfalls of compulsory domicile details in procedural documents
Civil procedureMentioning the place of residence in procedural documents is not just an administrative formality. It is a legal requirement, failure to comply with which may render the document null and void and jeopardise the success of legal proceedings. The writ of summons and the reference to domicile Legal requirements The writ of summons must contain, failing which...How is your legal domicile determined? What you need to know
Civil procedureIn the intricacies of the law, domicile is much more than just a postal address. This legal concept determines where you will be summoned to court, which court has jurisdiction over your disputes and even some of your civil rights. But how exactly does the law determine your domicile? The answers are sometimes...Domicile, residence, demeure: what are the differences and why do they matter in court?
Civil procedureThe address you declare is not just an administrative detail. In law, your location determines which court can try you, where you will receive your legal notices, and how your rights will be defended. A mistake in these notions can jeopardise an entire procedure. Legal definitions: distinct concepts Domicile...The grey areas of car registration: special cases and complex situations
Law of guarantees, securities and enforcement measures, Seizure of motor vehiclesThe seizure of a land motor vehicle can be a tricky business, with atypical vehicles, creditor conflicts and competing procedures. To help you navigate these tricky waters, we take a look at some specific situations. Vehicles concerned and special cases Non-motorised registered vehicles A thorny issue concerns vehicles that are registered but have no engine...Understanding over-indebtedness: definition and legal solutions
Credit and consumer law, Over-indebtednessOver-indebtedness affects many people in France. This critical financial situation requires appropriate legal solutions. In 2023, more than 120,000 cases were submitted to over-indebtedness commissions. Each case reveals a complex reality, combining economic difficulties with a demanding and constantly evolving legal framework. What is...The "injonction de faire": effectiveness, practice and advice
Injonction de faire, Civil procedureIs a customer refusing to complete the work you paid for? A seller fails to deliver the item ordered? An injunction could be the solution. Created in the 1980s to facilitate the performance of contractual obligations, this procedure remains little known. Yet it offers a rapid alternative to...The State as a subject of law: when the Judicial Agent of the State defends public interests
Judicial agent of the State, Civil procedureWhen the State enters into a legal relationship with a private individual, it becomes a subject of law like any other. This special position requires appropriate representation before the courts. This is where the Judicial Agent of the State (AJE) comes in, whose legal mandate dates back to 1790 and who has been...The European Enforcement Order: a little-known tool with formidable effects
Law of guarantees, securities and enforcement measures, European Enforcement OrderWhen it comes to cross-border debt recovery, the European Enforcement Order is a particularly effective legal instrument, but its subtleties are often unfamiliar to creditors and debtors alike. Introduced by Regulation (EC) No 805/2004 of 21 April 2004, this mechanism radically changes the way in which enforcement decisions are made.Challenging a seizure of intangible rights is not a procedural exception
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesA ruling by the Court of Cassation on 6 February 2025 (Cass. 2e civ., 6 févr. 2025, n° 22-17.249, Publié au bulletin) redefines the legal nature of challenges to acts of seizure of intangible rights. Legal classification clarified The Second Civil Chamber rules on a technical but crucial issue....
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