Civil procedure
Joint and several creditors: priorities and allocation rules
By Raphaël MORENON15 July 2025The management of jointly owned assets, whether inherited, post-communal or acquired jointly, raises complex issues when creditors are involved. The situation becomes even more complicated when several categories of creditor, with divergent interests, are competing for the same assets. Understanding the hierarchy and rights of each is fundamental to anticipating and resolving conflicts. This technical article sets out in detail the rules governing priorities and the allocation of assets, based on the fundamental principles of seizure and the specific features of joint ownership law. A misunderstanding of these mechanisms can have significant financial consequences, both for creditors and for the joint owners themselves. For a general introduction to the key concepts of joint ownership and creditors' rights, our pillar article will provide you with the necessary grounding. Fundamental distinction between undivided co-ownership creditors and the personal creditors of the undivided...
Seizure of undivided interests: why are personal creditors restricted?
Joint ownership, Civil procedureWhen someone owes you money, their assets are your collateral. You have the right to resort to seizures to obtain payment of your debt. But what happens when your debtor does not own his assets outright, but in joint ownership with other people, for example?The right of undivided co-ownership creditors to levy: mechanisms and implementation
Joint ownership, Civil procedureWhen assets are held jointly, whether as a result of inheritance, divorce or joint acquisition, managing debts can quickly become a source of complexity and conflict. For creditors, identifying the right debtor and the assets that can be seized is a major challenge....Joint ownership and creditors: understanding their rights and obligations
Joint ownership, Civil procedureWhen a property is held by several people, whether as a result of inheritance, divorce or joint purchase, the resulting legal situation is known as indivision. While this situation can be chosen, it is often suffered and can become a source of complexity, particularly when...Lapse in civil procedure: when your legal acts lose their effect
Sunset, Civil procedureCivil procedure is full of technical pitfalls that can wreck your legal efforts. One of the most notorious but formidable of these pitfalls is nullity. An act that has lapsed has serious consequences: the proceedings are terminated, rights are lost and it is impossible to take further action. This mechanism mainly sanctions procedural negligence. What is nullity?Victim of a miscarriage of justice? Your rights to compensation
Judicial agent of the State, Civil procedureThe Outreau case left a lasting impression: thirteen people were acquitted after being held in pre-trial detention for up to three years. This judicial drama, which highlighted the ordeal of the wrongly accused, is a poignant illustration that the judicial system is not infallible. Behind the mistakes lie...Understanding legal action in France: the basics
Civil procedureGoing to court can be a complex process, full of pitfalls and technical terms. Many people think that all it takes to win a case in court is to be "right". However, the legal reality is more nuanced. At the heart of all legal proceedings in France is an essential notion, but one that...The foundations of a trial: understanding the validity of pleadings
Civil procedureA simple document can sometimes change the outcome of a case. Whether it's a writ of summons to start proceedings, pleadings to present your arguments, or a petition to the judge, these "procedural documents" are the driving force behind any legal action. Their validity is not a mere administrative formality...The limits of res judicata: when can a decision be challenged and when does it not apply?
Civil procedureIn our previous articles, we established that the principle of res judicata is a powerful rule: a case that has been decided cannot be tried again (autorité de la chose jugée) and a decision becomes irrevocable, i.e. 'final', once all appeals have been exhausted. This rule ensures stability and security...Who can take legal action? Acting for yourself or for others
Civil procedureWe have seen in previous articles that taking legal action is not simply a question of being right, but requires that specific conditions be met for the claim to be deemed admissible. One of the fundamental conditions is that of direct and personal interest: in principle, only the person directly concerned...Making your rights known: mastering the notification of procedural documents
Civil procedureReceiving a legal document, such as a summons to appear in court or the service of a judgement, is a step that is often fraught with anxiety. Similarly, when you initiate proceedings, it is absolutely essential to ensure that your opponent has been officially informed. This is where the notion of...Can you take legal action? Conditions of admissibility in France
Civil procedureDo you feel that you have suffered an injustice, a loss or a violation of your rights? Naturally, you may be thinking of taking legal action to obtain compensation or put an end to a harmful situation. But the mere fact that you think you are "right" on the merits is not enough to guarantee that your case...Opposition in civil proceedings: what effect will it have on your dispute?
Opposition, Civil procedureWhen a judgment is handed down in your absence, the procedure offers you a specific remedy: opposition to a judgment. This allows the party who was unable to defend himself, known as the defaulting party, to request a new judgment in the case. However, this procedure, like the other ordinary legal remedies such as opposition, is...Res judicata: when does a court decision prevent you from taking further action?
Civil procedureIn our previous article, we explored the fundamental principle of res judicata: the idea that a case decided by the courts should not, as a general rule, be tried again. It is a pillar of our legal system, ensuring stability and social peace. But what does this mean in practical terms for you?Opposition in civil matters: form and grounds
Opposition, Civil procedureYou have just received a judgement handed down in your absence. This is known as a default judgment. The law offers you a second chance: the opposition. This allows you to have the case heard by both parties again. However, this remedy is subject to strict rules of form and procedure...Judicial time: not falling into the trap of procedural deadlines
Civil procedureIn legal matters, time is not an abstract concept. It is governed by precise rules and imperative deadlines known as procedural deadlines. Ignoring or disregarding these deadlines means running the considerable risk of seeing your rights evaporate, sometimes permanently. An action that is not launched...Recent reforms in civil procedure: changes for litigants
Opposition, Civil procedureFrench civil procedure has undergone profound change in recent years. Law no. 2019-222 of 23 March 2019 on programming 2018-2022 and reform for the justice system initiated a major upheaval. Decree no. 2019-1333 of 11 December 2019 then gave concrete form to this overhaul. These texts modify the structure...Unreasonable delays in the courts: obtaining redress
Judicial agent of the State, Civil procedureIn France, where the average time taken to obtain a judgment in a civil case exceeds 12 months, and where some cases drag on for years, the question of the responsibility of the State and magistrates for these dysfunctions becomes crucial. These delays are not inevitable. The law recognises that...Understanding the principle of res judicata: why can't a case be retried indefinitely?
Civil procedureImagine: you've finally got a court decision after months, even years, of proceedings. A relief, no doubt. But one question remains: is this decision really the end of the story? Could your opponent relaunch the case from a different angle? Or, on the contrary...State liability for judicial malpractice: fundamental principles
Judicial agent of the State, Civil procedureA misplaced investigation file, a deliberation that drags on for two years, an expert report never ordered despite repeated requests... These situations are not simply a matter of annoyance but can constitute a real malfunction in the public justice service. Contrary to popular belief, the state is not immune...The outcome of the opposition and its consequences
Opposition, Civil procedureWhen a judgment is rendered by default, the opposition procedure allows the defaulting party to have the case retried. This procedure necessarily leads to an outcome that raises important practical questions for litigants. What happens to the initial decision? What are the effects of rejecting or admitting the opposition? What are the...
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