By Raphaël MORENON
31 March 2025
The success of a sequestration 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 of jurisdiction and the steps involved in implementation. Competent courts Jurisdiction Role of the judge hearing the application for interim relief The judge hearing the application for interim relief is the main player in the sequestration procedure. He or she may order this measure on two grounds: To exercise this power, the judge must find that: This jurisdiction frequently applies to disputes between partners in a company. The president of the commercial court has the same powers under Articles 872 and 873 of the Code of Civil Procedure. The assessment of urgency is at the discretion of the judge (Civ. 2nd, 27 June 1979). Jurisdiction of the pre-trial judge Article 789 of the Code of Civil Procedure lays down a clear rule: as soon as the pre-trial judge is appointed...
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