Escrow
Community sequestration and its application in criminal matters
By Raphaël MORENON31 March 2025Receivership in the public interest is in the interests of public safety. It differs fundamentally from private sequestration. The State uses it as an instrument of coercion or collective protection. General characteristics of receiverships in the public interest Distinction from receiverships in the private interest The receivership in the public interest has three essential characteristics: This mechanism only ends with the security measure that justifies it. Public policy nature and consequences A public interest sequestration is binding on the parties. Its principle cannot be contested. Article 2285 of the Civil Code applies: the debtor's assets remain the pledge of his creditors. Creditors must declare their claims within three months of publication in the Journal officiel. Once this period has elapsed, the claim is subject to foreclosure. Role of the public prosecutor and intervention...
Termination of the receivership and the custodian's liability: anticipating the risks
Civil procedure, ReceivershipThe end of the receivership is a critical phase. It involves the custodian's liability and raises complex legal issues. Anticipating these risks can help avoid costly disputes. The various reasons for the end of the receivership Natural expiry: resolution of the dispute The receivership ends when the dispute is "over" (article...Practical operation of the receivership: implementation and administration
Civil procedure, ReceivershipManaging a receivership requires rigour and method. Its effectiveness depends on clear procedures and diligent administration. These practical aspects determine the real protection of the assets concerned. Setting up a receiver Acceptance of the assignment A receiver's assignment is not compulsory. The appointed third party may refuse....The receivership procedure: jurisdiction and implementation
Civil procedure, ReceivershipThe success of a receivership depends on strict compliance with the procedure. A procedural error can compromise the measure and undermine the rights it protects. It is therefore essential to be familiar with the rules governing jurisdiction and the steps involved in implementing the procedure. Competent courts Jurisdiction of attribution Role of the interim relief judge...Conventional and judicial sequestration: two distinct mechanisms to master
Civil procedure, ReceivershipWhen a dispute arises over the ownership or possession of an asset, sequestration is an effective means of protecting the rights of each party. French law distinguishes between two main mechanisms: conventional sequestration, which is the result of an agreement, and judicial sequestration, which is ordered...Sequestration under French law: definition and fundamental principles
Civil procedure, ReceivershipSecuring assets pending a court ruling is a major issue in many disputes. Sequestration meets precisely this need by providing a protective legal framework. This protective measure, which is often little-known, is nevertheless an invaluable tool for both private individuals and businesses faced with the problem of...
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