By Raphaël MORENON
31 March 2025
When a dispute arises over the ownership or possession of property, sequestration is an effective protective measure to preserve the rights of each party. French law distinguishes between two main mechanisms: contractual sequestration, which is the result of an agreement, and judicial sequestration, which is ordered by a judge. Although their purpose is similar, their regimes and conditions of implementation differ substantially. It is essential to understand their subtleties in order to secure an asset pending the resolution of a dispute. Contractual escrow: a negotiated solution Contractual escrow is first and foremost a contract, a pragmatic solution chosen by the parties to freeze a conflictual situation. Its implementation is based on trust and a clearly defined agreement, governed by specific rules. Definition and key principles from the Civil Code Article 1956 of the Civil Code provides the definition...
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