Raphaël MORENON
Commissaire de justice: powers, monopoly and enforcement reforms in French law
By Raphaël MORENON19 September 2025The bailiff: what are his real powers? Seizures, debts... Understand his limits to better protect your rights.
Seizable and unseizable vessels
Law of guarantees, securities and enforcement measures, Seizure of shipsThe maritime world is home to a number of legal peculiarities that are little known to the general public. The ship, a mobile object par excellence, is subject to a specific regime when it comes to seizure. Between maritime law, international law and enforcement procedures, the rules are not lacking in complexity. I. Legal definition of a ship Criteria for...Attachment of ships and execution: two procedures with different legal regimes
Law of guarantees, securities and enforcement measures, Seizure of shipsThe seizure of a vessel is a privileged tool for maritime creditors. Far from being monolithic, there are two distinct procedures: precautionary attachment and enforcement attachment. Although these two mechanisms are both aimed at immobilising a vessel, their rationale, conditions and effects are radically different. I....Attachment of ships: procedure, conditions, effects
Law of guarantees, securities and enforcement measures, Seizure of shipsIn maritime law, seizure remains a measure feared by shipowners. Unlike precautionary attachment, which simply detains the vessel, execution leads to its forced sale. A complex and rigid process, it pits determined creditors against shipowners in financial difficulty. I. The concept of...Preventive seizure of ships
Law of guarantees, securities and enforcement measures, Seizure of shipsI. Introduction to the precautionary arrest of ships The precautionary arrest of ships is a procedure that allows a ship to be temporarily detained in port. It is a preventive measure, not a definitive sanction. Its purpose is to guarantee payment of a debt by preventing the debtor from removing his pledge. In...Getting out of joint ownership of property: licitation-sharing
Licitation-partage, Civil procedureAn auction is a procedure for selling undivided property, even without the agreement of all the undivided co-owners. Here we look at how it works, how long it takes and how much it costs.Enforcement: how does it work?
Guarantees, securities and enforcement lawEnforcement is a set of procedures used to force a recalcitrant debtor to fulfil his obligations.Re-bidding in property seizures (e.g. "folle enchère")
Law of guarantees, securities and enforcement measures, Seizure of propertyThe re-bidding procedure (ex folle enchère) allows a property to be re-sold if the winning bidder fails to pay the price.What is the minimum amount for a property seizure?
Law of guarantees, securities and enforcement measures, Seizure of propertyThe question of the minimum amount required to trigger a seizure of property is a legitimate concern for many debtors, who are often faced with real financial difficulties. The idea of losing your home for a small debt may seem disproportionate. Although the law does not set a minimum amount, the procedure is...Amicable sale before auction
Law of guarantees, securities and enforcement measures, Seizure of propertyAn amicable sale before auction is often the preferred solution in property seizures. This mechanism allows the distrainee to sell its property on more favourable terms than in a compulsory sale. 1. Definition and legal framework Amicable sale with judicial authorisation, governed by the...How much do you need to know when a bailiff intervenes?
Guarantees, securities and enforcement law, BailiffsReceiving a letter from a judicial commissioner (formerly a bailiff) for an unpaid bill, whether for rent or consumer credit, raises a legitimate question: does the amount of the debt justify such action? Contrary to popular belief, the law does not set any threshold...Collection agencies have no power!
Guarantees, securities and enforcement lawAre you being harassed by a collection company? Don't let them bully you - they have no power! We'll explain.Has the enforcement judge disappeared? Continuation and end
Guarantees, securities and enforcement lawIn a long-awaited opinion, the Court of Cassation confirms that the enforcement judge still has jurisdiction to hear disputes concerning movable enforcement measures. This clarification was necessary following the distribution of a clumsy ministerial circular, which gave rise to countless complications in the courts....Can a bailiff seize a person who is not solvent?
Guarantees, securities and enforcement lawThe thought of a judicial commissioner, formerly a bailiff, knocking on your door to seize your property is a source of anxiety. This fear is all the greater for someone in a precarious financial situation, or even someone who is insolvent. But what really happens when the debtor is considered...Is a rental investor a consumer?
Civil procedureThe rental investor is sometimes described as a consumer, sometimes as a professional, depending on specific criteria. This has far-reaching consequences.Sale by auction with tenant: legal issues and practical implications
Law of guarantees, securities and enforcement measures, Seizure of propertySo how do you go about an auction with a tenant? Here's how.What should I do if a bailiff visits me in my absence?
Guarantees, securities and enforcement lawComing home to find a bailiff's notice slipped under your door or in your letterbox is often a source of concern. What can the bailiff do in my absence?The adjudication judgement in property seizure cases
Law of guarantees, securities and enforcement measures, Seizure of propertyThe adjudication judgment is a special judgment. It offers significant advantages for eviction... but is difficult to obtain. Here are some explanations.Seizure of property and co-ownership
Law of guarantees, securities and enforcement measures, Seizure of propertyIt is sometimes necessary for joint owners' associations faced with chronic non-payment to resort to a seizure of property procedure. This complex procedure has a number of important specific features when used in the context of co-ownership. I. Prerequisites for the initiation of seizure of property proceedings by...Unseizability of the principal residence
Guarantees, securities and enforcement lawIf your principal residence cannot be seized, you can protect your business assets. How does it work?Indivisibility in property seizure proceedings: a public policy ground for dismissal
Law of guarantees, securities and enforcement measures, Seizure of propertyThe appeal procedure in property seizures is subject to the principle of indivisibility of the dispute. We take a look at the case law.
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