Raphaël MORENON

Law of guarantees, securities and enforcement measures, Counterfeit seizure

Counterfeit seizure is a particularly intrusive evidentiary procedure. It makes it possible to obtain proof of infringement, but its non-adversarial nature can lead to abuse. What remedies are available to challenge these measures? How can you react effectively when you are the target of this procedure, particularly with the help of a lawyer who is an expert in enforcement procedures?

Law of guarantees, securities and enforcement measures, Counterfeit seizure

Seizure is only a preliminary stage in the fight against counterfeiting. This procedure, which enables evidence to be collected, must imperatively be followed by an action on the merits. The legislator has strictly circumscribed this obligation in order to avoid any abuse. The obligation to bring an action on the merits Strict deadlines for...

Law of guarantees, securities and enforcement measures, Seizure of standing crops

Enforcement against agricultural assets poses particular challenges. The sale phase, particularly for crops, requires a procedure tailored to their maturation cycle. The seizure of standing crops, which precedes the sale stage, is governed by a specific legal mechanism, conditions and features...

Law of guarantees, securities and enforcement measures, Seizure of standing crops

The seizure of standing crops is a special form of movable property seizure that is rarely used in practice. This procedure requires compliance with specific formalities to ensure its validity. Let's take a look at the key stages of the procès-verbal, how it is served and how the seized assets are managed. The procès-verbal of...

Law of guarantees, securities and enforcement measures, Seizure of standing crops

Seizure of standing crops is a special form of enforcement. It allows a creditor in possession of a writ of execution to seize fruit and crops even before they have been separated from the soil. This procedure is governed by precise rules. Criteria for seizing crops Not all crops can be seized....

Law of guarantees, securities and enforcement measures, Seizure of standing crops

The world of enforcement involves some little-known procedures. One of these is the seizure of standing crops. Yet this rare procedure deserves our attention. It bears witness to a legal system that is adapted to the specific characteristics of agriculture. After seizure, the question of selling seized crops also raises specific issues. Definitions

Law of guarantees, securities and enforcement measures, Seizure of assets placed in a safe deposit box

html Who hasn't wondered about the legal status of a bank safe deposit box? Far from being a simple rented space, this banking service is subject to a complex legal regime, particularly in the event of seizure by a creditor. Here's how it works. The legal nature of the safe-deposit box contract The safe-deposit box contract places...

Law of guarantees, securities and enforcement measures, Seizure of assets placed in a safe deposit box

The seizure of assets placed in a safe is a particular operation of enforcement law. Although little known, this procedure is governed by specific rules that are of practical interest to creditors. 1 Framework and conditions for precautionary seizure Precautionary seizure enables the creditor to place the...

Law of guarantees, securities and enforcement measures, Seizure of assets placed in a safe deposit box

A creditor may find himself in a situation where a debtor is hiding his valuables in a safe. The seizure and attachment procedure offers a solution. Legal framework for seizure and attachment Seizure and attachment applies when a creditor seeks to recover a specific asset rather than to obtain payment of a sum...

Law of guarantees, securities and enforcement measures, Seizure of assets placed in a safe deposit box

When a creditor seeks to recover his debt, the seizure of assets in a safe represents a special enforcement procedure. This enforcement technique is subject to strict rules to protect the rights of both the creditor and the debtor. 1. Specific features of seizure for sale in a...

Law of guarantees, securities and enforcement measures, Seizure of assets placed in a safe deposit box

When a creditor wishes to recover a debt, seizing assets placed in a safe is an option. This particular procedure requires mastery of specific rules in order to be carried out correctly. For in-depth legal expertise and tailor-made assistance with enforcement procedures, we recommend...

Law of guarantees, securities and enforcement measures, Seizure and attachment

When property is not in your hands, recovering it can be a tricky business. Seizure and attachment are legal tools for recovering movable property. But these procedures come up against various obstacles that can compromise their effectiveness. Obstacles linked to the right of ownership The rule...

Law of guarantees, securities and enforcement measures, Seizure and attachment

Disputes over the ownership or possession of movable property can become complex. When an item belongs to you but ends up in the hands of a third party, there is a specific procedure to protect your rights: seizure and reclamation. Although little known to the general public, this protective measure is a powerful legal tool...

Law of guarantees, securities and enforcement measures, Seizure and attachment

Have you entrusted a valuable item to someone who refuses to return it? Have you bought something and the seller is not delivering it? The injunction to deliver or return procedure is an effective way of quickly obtaining a writ of execution. It allows you to...

Law of guarantees, securities and enforcement measures, Seizure and attachment

Reclaiming property that has not been returned or delivered is often a legal headache. How do you repossess a vehicle that has not been returned after a loan? How do you recover equipment you own? Seizure and attachment is the legal solution for recovering these assets. We take a closer look at this little-known legal mechanism. What is a...

Law of guarantees, securities and enforcement measures, Seizure of assets

When a debtor delays payment, time is rarely on the creditor's side. Between the time when a debt becomes due and the time when an enforcement order can be obtained, the debtor's assets risk evaporating. Precautionary measures are therefore an effective legal tool for preserving the debtor's chances...

Law of guarantees, securities and enforcement measures, Seizure of assets

When it comes to debt collection, seizure is an invaluable tool. Far from being a trivial measure, it allows you to temporarily freeze a debtor's assets without waiting for a writ of execution. This procedure is a response to the urgency of a situation where the debtor's assets could evaporate. Here's how it works.

Law of guarantees, securities and enforcement measures, Seizure of assets

Companies faced with unpaid debts have a legal arsenal at their disposal that is often little-known. Among these tools, the seizure of receivables is a particularly effective lever. This procedure makes it possible to quickly freeze the funds held by your debtor, particularly his bank accounts, even before obtaining a final judgement. 1. The strategic interest...

Law of guarantees, securities and enforcement measures, Seizure of assets

In an economic world where financial assets play a predominant role, creditors must adapt their collection strategies. Shares and other financial instruments often represent a substantial proportion of debtors' assets. Knowing how to seize them can prove decisive in securing payment of a debt. The...

Law of guarantees, securities and enforcement measures, Seizure of assets

Recovering money internationally can often be an obstacle course. A debtor domiciled in another country, bank accounts scattered across the European Union, divergent national legislation... These are just some of the obstacles that complicate cross-border debt collection. Since 2017, a new tool has changed all that: the European ordinance...