Grabbing
Obstacles and limits to the seizure-revindication and apprehension procedures
By Raphaël MORENON20 March 2025When property is not in your hands, recovering it can be a tricky business. Seizure and attachment are legal tools for recovering movable property. But these procedures come up against various obstacles that can compromise their effectiveness. Obstacles linked to the right of ownership The rule "in the case of movables, possession is equivalent to title" Article 2276 of the Civil Code sets out a fundamental principle: "in the case of movables, possession is equivalent to title". This rule protects anyone in possession of movable property by giving them a presumption of ownership. It is a powerful bulwark against claims. For this rule to apply, possession must have certain qualities: it must be effective (material possession of the property) it must not be precarious (which excludes situations involving deposit, hire or loan) it must be free from defects such as equivocation or clandestinity the possessor must be in good faith the Cour de cassation...
Attachment: securing your rights to tangible personal property
Law of guarantees, securities and enforcement measures, Seizure and attachmentDisputes over the ownership or possession of movable property can become complex. When an item belongs to you but ends up in the hands of a third party, there is a specific procedure to protect your rights: seizure and reclamation. Although little known to the general public, this protective measure is a powerful legal tool...Delivery or restitution orders: obtaining a writ of execution to recover your property
Law of guarantees, securities and enforcement measures, Seizure and attachmentHave you entrusted a valuable item to someone who refuses to return it? Have you bought something and the seller is not delivering it? The injunction to deliver or return procedure is an effective way of quickly obtaining a writ of execution. It allows you to...Understanding seizure and attachment: recovering your tangible movable property
Law of guarantees, securities and enforcement measures, Seizure and attachmentReclaiming property that has not been returned or delivered is often a legal headache. How do you repossess a vehicle that has not been returned after a loan? How do you recover equipment you own? Seizure and attachment is the legal solution for recovering these assets. We take a closer look at this little-known legal mechanism. What is a...Attachment and seizure of claims: operation, disputes
Law of guarantees, securities and enforcement measures, Seizure and attachmentSeizure and attachment enables the recovery of tangible personal property held by a debtor or a third party, either by virtue of an enforcement order or a court order.
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