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Analyses, feedback and legal news on banking law, credit law and enforcement.
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Appeal against the third party opposition to the property seizure referral judgment: the judgment of 16 January 2025 and the fixed date procedure
A recent ruling clarifies the right to appeal in the event of third-party opposition to a property seizure. Find out how to challenge a decision and defend your rights. Get to grips with the new rules!
Methods of executionCan the enforcement judge cancel a debt?
Your creditor has initiated a seizure on your account and you are seeking to block the procedure. The enforcement judge cannot cancel a debt, but he has extensive powers to suspend, reduce or paralyse abusive proceedings.
Methods of executionSeizure of bunkers: procedure and issues for ships and aircraft
Does your debtor operate a ship or aircraft and you are looking for immediate leverage? The seizure of bunkers immobilises the fuel on board and brings operations to a standstill in a matter of hours - but it is governed by rules that are distinct from the ordinary law on seizures of movable property. Here's how to initiate this procedure and how to defend yourself.
Methods of executionThe precautionary seizure of debts and its conversion into an attachment for payment: complete guide
There is a risk that your debtor will organise his insolvency before you obtain a judgement: the precautionary seizure of debts enables you to immediately freeze the sums owed to you by a third party, without waiting for a writ of execution. This preventive measure is highly effective, provided that you observe strict formalities and short deadlines for converting it into a definitive attachment.
Methods of executionArrest of ships: procedure, release and responsibilities
The arrest of a vessel paralyses commercial operations and often forces the shipowner to negotiate quickly. What you need to know before taking action: the procedure for obtaining an arrest order, the conditions for releasing the vessel and the allocation of responsibilities.
Methods of executionArrest of ships: the 1952 Brussels Convention and applicable law
Detaining a ship in a foreign port to secure payment of a maritime claim is a formidable weapon, but its effectiveness depends entirely on the law applicable to the procedure. The 1952 Brussels Convention lays down the rules of jurisdiction and the maritime claims that can be seized, while the lex fori governs the methods of enforcement. An error in the jurisdictional basis can ruin the entire collection strategy.
Methods of executionSeizure of undivided interests: why are personal creditors restricted?
Does your debtor own joint property? Under French law, you are not allowed to seize his share directly, but there are other ways of recovering your debt. It is essential to understand the limits imposed on personal creditors before initiating any proceedings.
Methods of executionJoint ownership and creditors: understanding their rights and obligations
A creditor wants to seize a property that you own jointly with other heirs or co-owners: can he do so? Everything depends on a fundamental distinction that Article 815-17 of the Civil Code clearly sets out. An undivided co-ownership creditor can sue on the undivided property; a personal creditor of an undivided co-owner cannot - he can only demand partition. We set out the two systems and their practical consequences.
Methods of executionSeizure under French law: fundamental principles, subjects and players
You've won your case, but your debtor still hasn't paid: you can now have his assets seized. Seizure is a civil enforcement procedure that makes the debtor's assets unavailable for use in paying your claim, under the supervision of the enforcement judge. This article outlines the basic principles, the players involved and the main categories of seizure under French law.
Methods of executionSale by auction of ships: joint ownership and joint tenancy system
You are the joint owner of a vessel and one of the joint owners wants to leave the joint ownership. A sale by auction is the legal mechanism used to sell the vessel by auction and divide the price between the entitled parties. Procedure, conditions, recourse: what you need to know before taking action.
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