Raphaël MORENON
Distribution of monies not subject to execution: legal guide and amicable procedure (art. 1281-1 cpc)
By Raphaël MORENON17 September 2025Are you selling a property and need to pay several creditors? Find out more about the French amicable procedure for distributing funds fairly and avoiding disputes.
News and recent case law on time limits
Time limits, Civil procedureControlling procedural time limits is a strategic factor in any dispute. In recent years, the law governing time limits has undergone considerable change, both through legislative reforms and developments in case law. These changes redefine the time constraints imposed on litigants. The 2019 reform of civil procedure...Personal recovery: a solution for irremediably compromised situations
Credit and consumer law, Over-indebtednessWhen debts pile up with no hope of being cleared, a situation often referred to as over-indebtedness, the French legal system offers a radical solution: personal recovery. This procedure, often compared to 'civil bankruptcy', allows debtors to start afresh by wiping out their debts under certain strict conditions. Personal recovery...Injunction to do: conditions of application
Injonction de faire, Civil procedureHas your supplier failed to deliver the furniture you promised? Has a craftsman abandoned your work? French law offers an effective procedure for forcing them to perform without a conventional court case: the injonction de faire. This procedure makes it possible to quickly enjoin a debtor to fulfil his obligation. However, it is important to comply with...The rights of the judicial agent of the State and the settlement in legal proceedings
Judicial agent of the State, Civil procedureIn the judicial arena, the State has a single representative: the State Judicial Agent (AJE). This legal representative, often unknown to the general public, has specific prerogatives while being subject to ordinary law. The AJE's power of settlement is a strategic tool for resolving disputes involving the State, particularly those relating to...The European Enforcement Order: understanding this cross-border debt collection mechanism
Law of guarantees, securities and enforcement measures, European Enforcement OrderImagine that your French company has a claim of €20,000 against a German customer. Before 2004, recovering this sum required an exequatur procedure - long and costly. Since Regulation (EC) No 805/2004, you can obtain a European Enforcement Order (EEO), which simplifies everything. Introduction to the concept of an EEO...Special procedures before the JEX: applications and enforcement difficulties
Law of guarantees, securities and enforcement measures, Enforcement judgeEnforcement proceedings sometimes require the enforcement judge (JEX) to intervene quickly and effectively. The legislator has made provision for two special procedures, adapted to urgent situations: the procedure for enforcement difficulties and the procedure on application. These procedures enable bailiffs and creditors to obtain rapid and effective...Time limits on actions in civil proceedings: when time becomes the enemy of the litigant
Time limits, Civil procedureTime limits structure civil litigation. They impose a time frame on litigants and are often a formidable trap for the uninitiated. One day's delay can wipe out years of proceedings. Stoppage of proceedings Definition and conditions Stoppage is a procedural exception that extinguishes proceedings. It sanctions...Formal notice: fundamental principles and legal issues
Formal notice, Civil procedureThe formal notice is no joke. This little legal act, dreaded by debtors, plays a major role in our legal arsenal. It marks the transition from an amicable phase to the antechamber of litigation. Before considering legal proceedings, it is a decisive step in settling the dispute or in...Understanding restraining orders: definition and legal framework
Injonction de faire, Civil procedureStuck with a service provider who doesn't deliver the promised service? A craftsman who delays carrying out work paid for in advance? The injonction de faire is a little-known but potentially effective legal weapon. Definition of an injunction to compel performance An injunction to compel performance is a specific legal procedure used to obtain the performance of a...When the State defends its contentious decisions: hospitalisation, vehicles and civil status
Judicial agent of the State, Civil procedureIn the darkness of a psychiatric hospital room, a man awaits the decision of the liberty judge, a situation that raises questions about the responsibility of the State and its magistrates. At the same time, a family is seeking compensation for an accident caused by a government vehicle. Elsewhere, a person is contesting...The powers of the JEX with regard to enforceable titles
Law of guarantees, securities and enforcement measures, Enforcement judgeYou won your case. The judgment is in your favour. Now comes the crucial stage: enforcement. But your debtor is contesting. What can the enforcement judge do? The judge's powers are extensive but strictly regulated by law. Examination of difficulties relating to enforceable titles The JEX...Challenging a JEX decision: appeal procedures
Law of guarantees, securities and enforcement measures, Enforcement judgeLosing before the enforcement judge (JEX) is not an end in itself. The law provides for effective remedies against his decisions, in line with the foundations of civil procedure law and respect for the right to an effective remedy protected by the European Convention on Human Rights....Auctions of boats, ships and aircraft: procedures and legal particularities
Guarantees, securities and enforcement law, AuctionsBuying a pleasure boat, merchant ship or aircraft by auction can be an excellent opportunity. However, these procedures, which come under the heading of sales by movable auction, are governed by complex legal rules that are often unfamiliar to the general public. Whether it is a forced sale after...Changes in over-indebtedness law: towards better protection for debtors
Credit and consumer law, Over-indebtednessOver-indebtedness is a relatively recent phenomenon in our legal system. Since the Neiertz Act of 1989, there has been a steady succession of reforms. This constant evolution aims to adapt the law to new economic and social realities. The emergence of the law on over-indebtedness in France Over-indebtedness has not...Abandoned objects: auction procedures and rights of parties
Guarantees, securities and enforcement law, AuctionsWhat happens to suitcases left in a hotel for months? How can a garage owner dispose of a car that has never been recovered? The law lays down specific procedures for auctioning abandoned items, protecting the rights of both owners and custodians. 1 The legal framework...The legal framework for furniture auctions: what you need to know
Guarantees, securities and enforcement law, AuctionsThe public auction, with its characteristic ritual and the hammer that seals the deal, fascinates as much as it questions. The legal framework surrounding auctions has changed radically in recent years. Since 2011, the field has been liberalised, opening up new possibilities while maintaining the necessary framework. Recent developments...Auction sales of timber harvests and cuttings: legal framework and specific features
Guarantees, securities and enforcement law, AuctionsSelling crops or timber at auction involves a specific procedure. The repeal of the law of 5 June 1851 changed this legal framework. What rules apply today? Introduction: legal classification of harvests and cuttings of wood Public sales of harvests concern the products of...Auctions of new goods: legal framework and practices
Guarantees, securities and enforcement law, AuctionsAct 2011-850 of 20 July 2011 radically changed the rules governing auctions of new goods in France. Previously severely restricted, these sales are now authorised subject to conditions. This change marks the end of a centuries-old principle enshrined in the law of 25 June 1841, which prohibited the sale...Procedural objections: when form attacks substance
Civil procedureYour opponent has just taken you to court, but there are irregularities in the proceedings. How can you exploit this loophole to your advantage? Procedural objections are a formidable weapon for delaying consideration of the merits of the case, or even for terminating the proceedings without any discussion of the dispute itself. The different types of procedural...Defences in civil proceedings - Fundamentals and classifications
Civil procedureNavigating the procedural maze can be perilous without knowing the tools available to defend yourself. The Code of Civil Procedure offers the litigant three main weapons with which to counter an opposing claim: the defence on the merits, the plea of inadmissibility and the procedural objection. This triptych, although...
EN 
FR