Guarantees, securities and enforcement law
Wrongful seizure of a ship: criteria, case law, consequences for the distrainor
By Raphaël MORENON21 November 2025Has your vessel been detained? Find out how wrongful seizures are punished in France and protect your maritime interests. Avoid financial losses!
Understanding the effects of surety bonds: a practical guide
Bonding, Guarantees, Securities and Enforcement LawWhen you become a guarantor, you undertake to pay the debt of a third party in the event of default. This creates a complex legal relationship between the guarantor, the creditor and the principal debtor. It gives rise to a network of obligations and rights. An understanding of these mechanisms is vital for anyone thinking of...Release of seizure - Conditions, guarantees
Law of guarantees, securities and enforcement measures, Seizure of shipsThe maritime world has its own rules. When a ship is immobilised by a preventive seizure, an entire economic equilibrium is turned upside down. Downtime is expensive. The shipowner loses money. The goods do not arrive at their destination. Release then becomes a crucial issue for the shipowner. It represents...The system of maritime mortgages
Law of guarantees, securities and enforcement measures, Seizure of shipsThe maritime mortgage is an essential guarantee for the maritime business. It enables shipowners to obtain financing for the acquisition or construction of ships. Let's find out more about this special legal mechanism. I. Presentation of the maritime mortgage Definition and legal nature The maritime mortgage is a security interest in a vessel without dispossession...Maritime credit: a financing system dedicated to the blue economy
Law of guarantees, securities and enforcement measures, Seizure of shipsI. Presentation of maritime credit Definition and objectives Maritime credit is a specialised financing mechanism designed to support activities related to the sea. It is aimed primarily at fishermen, shellfish farmers and those involved in marine farming. Its purpose? To facilitate the acquisition of vessels, modernise fishing fleets...Maritime claims - Definition, types, maritime liens
Law of guarantees, securities and enforcement measures, Seizure of shipsThe maritime world, with its specificity and particularity, has developed a set of original rules concerning claims and related guarantees. These legal mechanisms reflect the need to adapt the law to the constraints of ship operations. I. The concept of a maritime claim International definition The...Seizable and unseizable vessels
Law of guarantees, securities and enforcement measures, Seizure of shipsThe maritime world is home to a number of legal peculiarities that are little known to the general public. The ship, a mobile object par excellence, is subject to a specific regime when it comes to seizure. Between maritime law, international law and enforcement procedures, the rules are not lacking in complexity. I. Legal definition of a ship Criteria for...Attachment of ships: procedure, conditions, effects
Law of guarantees, securities and enforcement measures, Seizure of shipsIn maritime law, seizure remains a measure feared by shipowners. Unlike precautionary attachment, which simply detains the vessel, execution leads to its forced sale. A complex and rigid process, it pits determined creditors against shipowners in financial difficulty. I. The concept of...Enforcement: how does it work?
Guarantees, securities and enforcement lawEnforcement is a set of procedures used to force a recalcitrant debtor to fulfil his obligations.How much do you need to know when a bailiff intervenes?
Guarantees, securities and enforcement law, BailiffsReceiving a letter from a judicial commissioner (formerly a bailiff) for an unpaid bill, whether for rent or consumer credit, raises a legitimate question: does the amount of the debt justify such action? Contrary to popular belief, the law does not set any threshold...Collection agencies have no power!
Guarantees, securities and enforcement lawAre you being harassed by a collection company? Don't let them bully you - they have no power! We'll explain.The statute of limitations on enforcement of a judgment
Guarantees, securities and enforcement lawYou have obtained a court ruling in your favour, but your opponent is not complying spontaneously. Or on the other hand, you have been convicted and you are wondering how long this sword of Damocles will hang over your head. A judgement is not eternal. Its forced execution...What should I do if a bailiff visits me in my absence?
Guarantees, securities and enforcement lawComing home to find a bailiff's notice slipped under your door or in your letterbox is often a source of concern. What can the bailiff do in my absence?Seizure of property and co-ownership
Law of guarantees, securities and enforcement measures, Seizure of propertyIt is sometimes necessary for joint owners' associations faced with chronic non-payment to resort to a seizure of property procedure. This complex procedure has a number of important specific features when used in the context of co-ownership. I. Prerequisites for the initiation of seizure of property proceedings by...Indivisibility in property seizure proceedings: a public policy ground for dismissal
Law of guarantees, securities and enforcement measures, Seizure of propertyThe appeal procedure in property seizures is subject to the principle of indivisibility of the dispute. We take a look at the case law.What are the consequences of an incomplete formule exécutoire?
Guarantees, securities and enforcement lawOn 6 February 2025, the Second Civil Chamber of the Court of Cassation handed down a ruling on the consequences of an incomplete enforcement order. The Caisse nationale des barreaux français had taken enforcement measures against a lawyer who was a debtor, on the basis of an order by the first president of a French court....Limitation periods applicable to property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe statute of limitations is a crucial factor in property seizure proceedings. It is essential for both creditors and debtors to understand the mechanisms of interruption and suspension and their effects over time.Does a bailiff have the right to seize a bank account without warning?
Guarantees, securities and enforcement law, BailiffsThe discovery of a seizure on your bank account is an unsettling experience, especially as it comes without prior warning and can plunge the debtor into serious difficulty. This measure, known as seizure-attribution (saisie-attribution), is a compulsory execution procedure whereby a creditor, through the intermediary of a judicial commissioner (formerly a bailiff),...Property seizure: process and analysis
Law of guarantees, securities and enforcement measures, Seizure of propertyProperty seizure involves the sale of a property to pay a debt. We look at how it works and the techniques available to combat it.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.Seizure of shares: how does it work, what is it for?
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesFind out about the seizure of shareholders' rights and securities: a procedure for recovering debts on intangible assets such as shares.
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