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Analyses, feedback and legal news on banking law, credit law and enforcement.
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Vehicle seizure: full procedure depending on your status as a creditor
Seizing a vehicle to recover a debt, recovering an asset financed on credit or exercising a right of lien: three objectives, three distinct legal systems in the Code of Civil Enforcement Procedures. The procedure varies depending on whether you are an unsecured creditor, owner or pledgee, and choosing the wrong mechanism can render the seizure null and void. This guide explains each case in detail.
Enforcement judgeThe JEX and precautionary measures: how to protect your claims
Your debtor empties his accounts or transfers his assets before you have been able to obtain a writ of execution. Protective measures make it possible to freeze the debtor's assets as soon as the debt is likely and the risk of insolvency is clear. The enforcement judge (JEX) is the competent court: here's how to obtain his authorisation and secure your debt as a matter of urgency.
Service of procedural documents: how is a legal document validly served on you?
You have received a procedural document - or you think you have not received it: the validity of this notification determines the legality of the rest of the process. The Code of Civil Procedure strictly regulates the place, method and form of service, and any irregularity may result in the document being declared null and void. Here's how to check whether a document has been validly served on you.
The competitive and ancillary activities of the commissaire de justice
The judicial commissioner's role is not limited to serving documents or executing seizures. Outside their monopoly, they can also collect debts, draw up deeds and advise their clients in a variety of areas. These competitive activities considerably broaden the scope of his work.
Enforcement judgeClaims for compensation before the JEX: how to obtain damages
An abusive or disproportionate seizure has caused you harm. The enforcement judge (JEX) not only has the power to lift the measure, but can also order the creditor to pay you damages. Here's when this action is successful and how to prepare for it.
The European Enforcement Order: a little-known tool with formidable effects
Your claim has been recognised in another EU country, but how can it be enforced there without going back to court? The European Enforcement Order removes the need for exequatur and makes your decision directly enforceable in all Member States. We explain how to take advantage of this mechanism.
Enforcement judgeThe powers of the JEX with regard to enforceable titles
Do you have a favourable judgment, but your debtor is contesting enforcement? The powers of the enforcement judge (JEX) over enforceable titles are extensive but strictly limited: he or she can check their validity, interpret their terms and modify measures in progress. Knowing what he can and cannot do determines the right strategy.
Enforcement judgeChallenging a JEX decision: appeal procedures
An enforcement judge's decision is unfavourable to you, and you have just 15 days to react. An appeal is still possible, but as it has no suspensive effect, you need to adopt a precise strategy to safeguard your rights during the proceedings.
Auctions of boats, ships and aircraft: procedures and legal particularities
Buying a ship or aircraft at auction without knowing the applicable rules can lead to costly surprises. These sales of movable property are governed by a different legal regime depending on whether the asset is a pleasure boat, a commercial vessel or an aircraft. Here is a complete overview of the applicable procedures, from the stages of a compulsory sale to the particularities of an auction to end joint ownership.
The legal framework for furniture auctions: what you need to know
Since the law of 20 July 2011, voluntary sales of furniture by public auction have no longer been the preserve of auctioneers: the market has been opened up to new operators, subject to strict conditions. This liberalised framework imposes precise rules on authorised players, advertising formalities and the guarantees owed to sellers and buyers alike.
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