Blog
Analyses, feedback and legal news on banking law, credit law and enforcement.
629 articles published
The territorial jurisdiction of the JEX: which judge to refer to and where?
You are starting enforcement proceedings and you are not sure which court to go to: an error in territorial jurisdiction can cost you months of proceedings. The jurisdiction of the JEX is governed by precise rules, with a principle of choice between the debtor's domicile and the place of enforcement, tempered by exceptions specific to each measure. Identifying the right judge from the outset means securing everything that follows.
Enforcement judgeStay of execution: how do you suspend the effects of a JEX decision?
You have lost before the JEX and are appealing, but the decision remains enforceable immediately: how can you avoid forced execution, the effects of which would be irreversible before the appeal has been decided? The stay of execution, provided for in article R. 121-22 of the CPCE, is the only mechanism available - as long as you understand the conditions.
Repeat auctions: mechanism and consequences
The successful bidder has not paid the price within the time limit: the property is auctioned again at his own expense and risk. Re-auctioning organises this forced re-sale, whether of real estate or personal property. For both the distraining creditor and the defaulting buyer, the financial consequences can be severe.
Electronic auctions - procedures and particularities
An Internet auction is not a simple resale site between private individuals. Electronic auctions are governed by a strict legal framework that distinguishes sales by auction from simple online brokerage. Knowing these rules determines the validity of transactions and the liability of the operator.
Auctions: players and procedures
To understand auctions in their entirety, it is essential to be familiar with their principles and definitions.
Enforcement judgeProceedings before the JEX: what happens at a hearing?
Have you been summoned to appear before the enforcement judge, or do you want to seize a recalcitrant debtor? The procedure before the JEX is governed by strict rules: an incomplete summons may be declared inadmissible at the hearing. Here's how proceedings before this court work in practice.
Provisional enforcementStopping and adjusting provisional enforcement: protecting the debtor
Since 1 January 2020, all first instance judgments are enforceable immediately, even if you appeal. Your adversary can therefore initiate a seizure before the court of appeal has given its ruling, which can put the convicted debtor in a critical situation. There are mechanisms for halting or adjusting this provisional enforcement, subject to strict conditions.
Provisional enforcementThe two faces of provisional enforcement: de jure and optional
Your opponent has just lodged an appeal, but the enforcement of the decision cannot wait. Since 2020, provisional enforcement has been the principle, suspended enforcement the exception. Understanding the distinction between automatic and optional provisional enforcement will determine your strategy from the moment the judgment is handed down.
Special astreinte regimes: expulsion, criminal and administrative matters
The astreinte does not work in the same way depending on whether you are dealing with a squatter, a public authority or a criminal court. These different regimes profoundly alter the conditions for liquidation and sometimes limit the effectiveness of the measure. Understanding these particularities is crucial to choosing the right enforcement strategy.
Liquidating the astreinte: from pronouncement to payment
A court has imposed an astreinte on your debtor, but he still hasn't complied. The astreinte is only a pressure as long as it is not liquidated: it is the liquidation that transforms it into a sum of money actually due and recoverable. This guide sets out the conditions, the procedure and the competent court for obtaining liquidation of the astreinte.
Can't find what you're looking for?
Contact us directly or explore our services pages for an overview of our areas of expertise.
EN 
FR