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Penalties: which courts can impose them and under what procedure?
Your adversary does not comply with the court order served on him: the astreinte is the mechanism that imposes an increasing financial penalty on him for as long as he resists. Unlike damages, the astreinte is intended to coerce, not to compensate - and any judge can impose it, including of his own motion.
How to contest an infringement seizure: effective remedies
A counterfeit seizure has just been carried out on your premises without you being able to object at the time. The procedure is non-adversarial in nature, but there are effective remedies available to limit its effects or obtain a retraction of the order. This guide sets out the ways in which you can challenge the order and the conditions for success.
Infringement seizure: procedure, enforcement and remedies
Your competitor is copying your product and you need to prove it before he makes the elements disappear. By means of a seizure order and without prior discussion, a bailiff can be called in to collect this evidence. The formalities are rigorous: a procedural flaw can invalidate the entire operation.
Follow-up to the infringement seizure and action on the merits
You have obtained an infringement seizure - but the clock is ticking. The law requires you to initiate proceedings on the merits within a strict period of twenty working days, failing which the seizure will be annulled and you will incur liability. This post-seizure phase is often neglected, even though it determines the validity of the entire procedure.
The procedure for seizing standing crops: essential formalities
The seizure of standing crops is subject to specific formalities that ordinary seizure of movable property is not: description of the land, cadastral references, nature of the crops, photographs of maturity. An error in the report is enough to invalidate the procedure. We take a look at the key steps involved in securing this unusual form of seizure.
Which crops can be seized and when?
Your creditor is trying to seize your crops even before the harvest: the law allows this, subject to strict conditions. The seizure of standing crops is governed by precise rules that limit the assets involved, the time limits and the protection afforded to the agricultural debtor. Here's what this procedure really allows and what it cannot achieve.
Seizure of standing crops: mechanism, conditions and legal particularities
You are a creditor of a farmer and his crops are his only asset that can be seized before the harvest: the law provides for a suitable mechanism. The seizure of standing crops treats plants still attached to the ground as movable assets in advance, thus bypassing the cumbersome system of seizure of immovable property. The mechanism, conditions and special features of this procedure are set out in articles R. 221-57 to R. 221-61 of the CPCE.
Seizing assets placed in a safe: basic principles
Your debtor is holding valuables in a bank safe and you are seeking to seize them: the applicable procedure is not the same depending on whether the safe is at his home or at a third-party institution. Articles R. 224-1 et seq. of the French Code of Civil Enforcement Procedures (Code des procédures civiles d'exécution) set out a specific procedure, which is rarely used but is highly effective, requiring a bailiff and the presence of the depositary. Fundamental principles and points to watch out for.
Obstacles and limits to the seizure-revindication and apprehension procedures
You are seeking to recover a movable asset held by a third party: seizure-claim and seizure-apprehension are powerful tools, but a number of legal rules can cause the procedure to fail even before the hearing. The presumption of ownership of the possessor in good faith is the most formidable obstacle. An overview of the legal limits to these procedures and strategies for overcoming them.
Attachment: securing your rights to tangible personal property
An item of personal property belongs to you but is in the hands of a third party who refuses to return it: waiting for a judgement on the merits of the case exposes you to the risk of seeing it disappear or be disposed of in the meantime. Under article L. 222-2 of the CPCE, a seizure order can be used to render the asset unavailable without a writ of execution, pending a decision by the court. Definition, conditions and procedural framework of this little-known protective measure.
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