Raphaël MORENON
Seizure of property and over-indebtedness: suspension and postponement of proceedings (2025)
By Raphaël MORENON14 November 2025Find out how overindebtedness can suspend or postpone your property seizure in France. Protect your home from creditors. A clear guide.
Can the enforcement judge cancel a debt?
Guarantees, securities and enforcement lawA creditor has instructed a court commissioner to seize your bank account. Faced with this enforcement measure, the question arises: is it possible for a judge to cancel a debt? The direct answer is no. The JEX does not have the power to cancel a debt. However, his intervention...The seizure and enforcement of ships: archaic, complex and challenging in the face of enforcement reforms
Guarantees, securities and enforcement lawThe seizure of a ship is an enforcement measure that captures the imagination, evoking the forced immobilisation of a valuable asset, a symbol of trade and travel. Yet behind this image lies a complex legal reality, governed by a derogatory regime which, despite its practical importance, remains surprisingly outdated. The distinction...Forum arresti in French maritime law: a controversial principle and developments in case law
Guarantees, securities and enforcement lawThe arrest of a vessel is a spectacular measure and a powerful lever for a creditor seeking to recover his debt. However, detaining the vessel is only the first step. A fundamental question arises immediately afterwards: which court will have jurisdiction to judge the merits of the dispute, i.e. to rule on the...The legal regime for ship seizures in France: history and specific features
Guarantees, securities and enforcement lawThe law governing the seizure of a ship is one of the most unusual in existence. It lies at the crossroads of several legal approaches, making it a particularly technical area. For the creditor seeking to recover his debt and for the shipowner suffering the consequences of...Retention of title: a complete guide to the system and its effects in 2025
Guarantees, securities and enforcement lawRetention of title is a legal mechanism that is as discreet as it is effective, enabling sellers to secure payment of their receivables. By suspending the transfer of ownership until the price has been received in full, it constitutes a formidable guarantee, particularly in the event of default by the buyer. Our firm, whose practice...Current account guarantees and insolvency proceedings: impact and specific features
Bonding, Guarantees, Securities and Enforcement LawA guarantee for a company's current account is a common guarantee, often seen as a mere formality by the directors or close relations who sign it. However, when the company runs into financial difficulties and is the subject of insolvency proceedings, the guarantor's situation suddenly becomes precarious. Far from...Current account guarantees: a complete guide and legal issues
Bonding, Guarantees, Securities and Enforcement LawGuarantees for partners' current accounts or bank overdrafts are one of the most complex personal sureties in commercial law. It is at the crossroads of several legal approaches: that of guarantees, that of current accounts and, frequently, that of insolvency proceedings. For company directors and managers, the...Special movable mortgages: focus on river vessels and aircraft
Guarantees, securities and enforcement lawUnder French law, the principle is clear: movable property cannot be mortgaged. This rule, summarised by the adage "meubles n'ont pas de suite par hypothèque", is justified by the very nature of such property. Their mobility makes it difficult, if not impossible, to organise a reliable system of publicity that would allow them to be...The mortgage attached to sentencing judgments: operation and scope in French law
Guarantees, securities and enforcement lawObtaining a favourable court ruling is a decisive step for a creditor. However, obtaining a judgment does not always guarantee that it will be enforced. Between the time when the judgment is handed down and the time when payment is made, the debtor may organise his insolvency. To avoid this risk, the...Specific legal mortgages: spouses and guardians
Guarantees, securities and enforcement lawMortgages are most often seen as a tool for creditors, particularly banks, to guarantee repayment of a loan. However, legislators have also been able to use this mechanism to protect vulnerable individuals. Far from guaranteeing a commercial debt,...Special real estate liens: a historical overview and their future after the reforms
Guarantees, securities and enforcement lawSecurity interests, legal mechanisms designed to guarantee payment of a debt, are a cornerstone of the security of economic transactions. For a long time, special liens on immovable property were a special category of security, directly attached to certain immovable assets of the debtor. Historically, they offered formidable protection to...Special moveable liens: types, basis and detailed legal regime
Guarantees, securities and enforcement lawSpecial moveable liens are a discreet but powerful category of security for creditors. Unlike conventional securities such as pledges, they are created directly by law to protect certain claims deemed to be particularly legitimate. They are an essential component of the legal arsenal of movable securities, offering a wide range of...The right of retention under French law: foundations, conditions and detailed effects
Guarantees, securities and enforcement lawThe right of retention is a formidable prerogative, often perceived as an instrument of self-defence available to a creditor. This apparently simple mechanism enables a person who legitimately holds property belonging to his debtor to refuse to return it until his claim has been paid in full. It is...1988 Ottawa Convention on International Factoring: in-depth analysis
Factoring, Banking and stock exchange lawFactoring is a valuable financial management tool for companies wishing to optimise their cash flow by transferring their trade receivables to a specialised institution, the factor. When a company's customers are located abroad, the operation becomes more complex and takes on an international dimension. International factoring and its...The Financial Stability Board (FSB) and global financial governance
Banking and securities lawThe stability of the global financial system is a major issue, and its ups and downs can affect the real economy and, consequently, businesses and individuals. At the heart of the post-2008 crisis surveillance architecture is a unique institution, the Financial Stability Board (FSB). Although less well known to the...The Basel Committee: agreements, missions and influence on banking regulation
Banking and securities lawAt the heart of global financial stability, the Basel Committee is a key body, albeit one that is often misunderstood by the general public. Born of a desire for international cooperation in the face of crises, its influence on banking practices is considerable. It is one of the pillars of the international financial institutions that work...The Bank for International Settlements (BIS): a little-known player in financial regulation
Banking and securities lawAt the heart of the global financial ecosystem are players whose influence is as decisive as their name is unknown to the general public. The Bank for International Settlements (BIS) is one such entity. Often overshadowed by the International Monetary Fund or the World Bank, it is nonetheless a key player in the...The World Bank: a player in economic development and financial stability
Banking and securities lawThe World Bank is an institution whose name is familiar, but whose workings and real impact are often misunderstood. A central player among the international financial institutions, it plays a decisive role in financing development and ensuring global economic stability. Its action, which goes far beyond...The International Monetary Fund (IMF): missions and impact on global financial stability
Banking and securities lawThe International Monetary Fund, or IMF, is a familiar name, often associated with major global economic crises. Yet its precise role and real influence on national economies, and by extension on businesses, are often poorly understood. As a central player among the world's financial institutions, the...International financial institutions: key players in global regulation and stability
Banking and securities lawGlobalisation has transformed the financial sector into a complex and interdependent worldwide network. Faced with daily transactions that exceed the gross domestic product of large nations, purely state supervision is showing its limits. A local financial failure can quickly trigger a global shockwave, as the...
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