Raphaël MORENON

Civil procedure, Service

Receiving a document from a judicial officer, now known as a commissioner, is a decisive stage in many procedures. Far from being a mere formality, the service of a document is an essential legal moment that triggers deadlines and conditions the validity of an entire procedure. A mistake in this process...

Action paulienne, Civil procedure

The action paulienne results from the provisions of article 1341-2 of the Civil Code, which states that "A creditor may also act in his own name to have acts done by his debtor in fraud of his rights declared unenforceable against him, provided that he establishes, in the case of an act for valuable consideration,...

Training

Maître Raphaël MORENON will have the pleasure of leading a training course on the subject of "The seizure of property" on the following dates: The course will be given exclusively by videoconference via our partner Jurilearn. Subject: law of guarantees, securities and enforcement measures. Teaching objective: the course is devoted to the...

Training

Maître Raphaël MORENON will have the pleasure of leading a training course on the subject of "Judicial sales" on the following dates: The course will be given exclusively by videoconference via our partner Jurilearn. Subject: law of guarantees, securities and enforcement measures. Teaching objective: the course is devoted to the...

Training

Maître Charlotte GAUCHON will have the pleasure of leading a training course on the subject of "The practice of contesting seizures" on 23 October and 4 December 2023 from 2 to 5 pm. The course will be given exclusively by videoconference via our partner Jurilearn. Subject: law of guarantees, securities, etc.

Firm life

After a few weeks of hard work, the new version of our website is finally online. The development of this new version met two needs: to offer you, our readers, a better-quality medium; and to give us, the authors, greater control over our working tool. At the same time...

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

The property seizure procedure is based on a disparate body of legislation, and there is no point in drawing up an exhaustive inventory at this stage. However, a few basic points need to be clarified. Reform and codification of the procedure for seizure of property The procedure for seizure of property was reformed by the Order...

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

Implementation of the property seizure procedure depends very much on the nature of the writ of execution in the creditor's possession. The writ of execution and the seizure of property The writ of execution is the document bearing the enforcement formula, which the court commissioner enforces. It should be remembered that it is necessary...

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

The property seizure procedure was reformed by Ordinance no. 2006-461 of 21 April 2006 and its implementing decree no. 2006-936 of 27 July 2006, amended by decrees no. 2006-805 of 23 December 2006 and no. 2009-160 of 12 February 2009. The penalty for defaulting bidders...

Civil procedure

Despite the principle of personal service of legal documents (I), the exception of home service is becoming the rule (II). The principle of personal service Under the terms of article 654 of the Code of Civil Procedure: "Service must be made personally. Service on a...

Civil procedure

The death of a party during the course of proceedings may result in the proceedings being interrupted (I), although they may be resumed at a later date in accordance with specific procedures (II). I - Interruption of proceedings by death If several criteria are met, the death of a party will result in the proceedings being interrupted. Under article 370 of the Code of Civil Procedure...

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

The lawyer's jurisdiction in property seizures has a number of specific features that need to be clarified. Article R. 311-4 of the Code of Civil Enforcement Procedures states that "Unless otherwise provided, the parties are required to constitute a lawyer". Article...

Civil procedure

In law, certain situations present the litigant with a major difficulty: proving a fact that is so complex, so remote or so elusive that proving it becomes a real headache, a situation of probatio diabolica. This is what lawyers call probatio diabolica, or "proof of the devil". Far from being a...