By Raphaël MORENON
31 March 2025
The end of sequestration is a critical phase. It engages the responsibility of the depositary and raises complex legal issues. Anticipating these risks can help avoid costly litigation. The different causes for ending sequestration Natural expiry: resolution of the dispute Sequestration ends when the dispute is "resolved" (Article 1956 of the Civil Code). Two situations arise: As the matter is no longer in dispute, the escrow loses its purpose. The judge hearing the summary proceedings may order the release of the escrow as soon as the dispute is resolved. Termination by agreement of the parties The parties may terminate the escrow even if the proceedings continue. This procedure is not a matter of public policy and remains at their discretion. Conventional sequestration obliges the depositary to return the item to the person designated by the judge, even if the depositary is in receivership (Com. 13 November 2001). Obligations of the sequestrator at the end of their mission The...
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