Course programme
Judicial Partition Practice
Learning Objectives
Upon completion of this course, participants will be able to:
- Identify the conditions for applying for a judicial partition sale according to the applicant’s standing (co-owner, creditor, insolvency practitioner)
- Draft the summons before the family court judge or the judicial tribunal
- Prepare and conduct the sale hearing
- Manage post-adjudication matters: overbid, pre-emption, notification, sanctions against a defaulting buyer
Module 1 – From Case Preparation to the Sale Order
- Definitions: co-ownership (indivision), partition by sale (licitation), partition
- General rules: applicable legislation, land registry, identification of parties and properties
- Categories of applicants for partition sale:
- The co-owner (Art. 815 et seq. of the Civil Code)
- The creditor (Art. 815-17 of the Civil Code)
- The insolvency practitioner (liquidateur judiciaire)
- Drafting the summons: choice of court (family judge or judicial tribunal), supporting documents, content, available defences
- The judgment ordering the sale: content, effects, remedies
Module 2 – The Sale and Its Effects
- Preparing the sale hearing: publication of the judgment, terms of sale, descriptive report, statutory advertising, formal notices, third-party notifications, costs order
- Conduct of the hearing: adjournment, requisition, bidding, absence of bidders, nullity, registry declarations
- Overbid: declaration, notification, challenge, hearing
- Pre-emption and substitution
- Effects of adjudication: transfer of ownership, payment of price, adjudication judgment, title of sale
- Notification of the sale
- Sanctions against a defaulting successful bidder
