Guarantees, securities and enforcement law
Seizure and sale of movable property: expert guide to incidents, oppositions and disputes
By Raphaël MORENON14 September 2025Seizure and sale of movable property: find out about common incidents and how to challenge them. Protect your rights and property in this complex procedure.
Vehicle seizure: when your status as a creditor determines the procedure
Law of guarantees, securities and enforcement measures, Seizure of motor vehiclesRecovering an unpaid vehicle or obtaining payment for it? The procedure depends on your status. Whether you are a simple creditor, an owner or a pledgee, each situation triggers a different legal mechanism. The diversity of seizure situations Immobilising a vehicle is the initial stage common to all procedures. Whether the aim is to obtain payment or...The European Enforcement Order certification procedure: practical aspects
Law of guarantees, securities and enforcement measures, European Enforcement OrderImagine this situation: your company has just obtained a judgment against a French debtor, but its assets are located in Germany. How do you enforce this decision without going through an exequatur procedure? The European Enforcement Order (EEO) offers a solution. This mechanism, introduced by Regulation (EC) No 805/2004, enables companies to enforce their...The JEX and precautionary measures: how to protect your claims
Law of guarantees, securities and enforcement measures, Enforcement judgeWhen your debtor is in danger of becoming insolvent, every day counts. Protective measures allow you to freeze your debtor's assets or claims to guarantee payment of your debt. The enforcement judge (JEX) plays a central role in these preventive measures. Authorisation for precautionary measures Conditions required To obtain a precautionary...The competitive and ancillary activities of the commissaire de justice
Commissaire de justice, Guarantees, securities and enforcement lawThe judicial commissioner carries out many more tasks than those for which he is usually known. To gain a better understanding of the wide range of their duties, we need to look back at the creation of this profession, which resulted from the merger of bailiffs and auctioneers. Behind the image of the...Claims for compensation before the JEX: how to obtain damages
Law of guarantees, securities and enforcement measures, Enforcement judgeWhen an enforcement procedure goes wrong, the enforcement judge (JEX) can order the offending party to pay compensation for the damage caused. These prerogatives, set out in article L.213-6 of the Code of Judicial Organisation, provide an effective remedy for victims of abusive or damaging enforcement. Wrongful execution: a costly risk A...Property seizure: the description of the premises must include the legal aspects of the property, according to the Court of Cassation
Law of guarantees, securities and enforcement measures, Seizure of propertyThe First Civil Chamber of the French Supreme Court (Cour de cassation) has just clarified the scope of the obligations of the court commissioner when drawing up a description report in the context of a property seizure. In a judgment handed down on 26 June 2024 (Cass. 1re civ., 26 June 2024, no. 23-13.236, published in the Bulletin), the Court...The grey areas of car registration: special cases and complex situations
Law of guarantees, securities and enforcement measures, Seizure of motor vehiclesThe seizure of a land motor vehicle can be a tricky business, with atypical vehicles, creditor conflicts and competing procedures. To help you navigate these tricky waters, we take a look at some specific situations. Vehicles concerned and special cases Non-motorised registered vehicles A thorny issue concerns vehicles that are registered but have no engine...The European Enforcement Order: a little-known tool with formidable effects
Law of guarantees, securities and enforcement measures, European Enforcement OrderWhen it comes to cross-border debt recovery, the European Enforcement Order is a particularly effective legal instrument, but its subtleties are often unfamiliar to creditors and debtors alike. Introduced by Regulation (EC) No 805/2004 of 21 April 2004, this mechanism radically changes the way in which enforcement decisions are made.Challenging a seizure of intangible rights is not a procedural exception
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesA ruling by the Court of Cassation on 6 February 2025 (Cass. 2e civ., 6 févr. 2025, n° 22-17.249, Publié au bulletin) redefines the legal nature of challenges to acts of seizure of intangible rights. Legal classification clarified The Second Civil Chamber rules on a technical but crucial issue....The European Enforcement Order: understanding this cross-border debt collection mechanism
Law of guarantees, securities and enforcement measures, European Enforcement OrderImagine that your French company has a claim of €20,000 against a German customer. Before 2004, recovering this sum required an exequatur procedure - long and costly. Since Regulation (EC) No 805/2004, you can obtain a European Enforcement Order (EEO), which simplifies everything. Introduction to the concept of an EEO...Special procedures before the JEX: applications and enforcement difficulties
Law of guarantees, securities and enforcement measures, Enforcement judgeEnforcement proceedings sometimes require the enforcement judge (JEX) to intervene quickly and effectively. The legislator has made provision for two special procedures, adapted to urgent situations: the procedure for enforcement difficulties and the procedure on application. These procedures enable bailiffs and creditors to obtain rapid and effective...The powers of the JEX with regard to enforceable titles
Law of guarantees, securities and enforcement measures, Enforcement judgeYou won your case. The judgment is in your favour. Now comes the crucial stage: enforcement. But your debtor is contesting. What can the enforcement judge do? The judge's powers are extensive but strictly regulated by law. Examination of difficulties relating to enforceable titles The JEX...Challenging a JEX decision: appeal procedures
Law of guarantees, securities and enforcement measures, Enforcement judgeLosing before the enforcement judge (JEX) is not an end in itself. The law provides for effective remedies against his decisions, in line with the foundations of civil procedure law and respect for the right to an effective remedy protected by the European Convention on Human Rights....Auctions of boats, ships and aircraft: procedures and legal particularities
Guarantees, securities and enforcement law, AuctionsBuying a pleasure boat, merchant ship or aircraft by auction can be an excellent opportunity. However, these procedures, which come under the heading of sales by movable auction, are governed by complex legal rules that are often unfamiliar to the general public. Whether it is a forced sale after...Abandoned objects: auction procedures and rights of parties
Guarantees, securities and enforcement law, AuctionsWhat happens to suitcases left in a hotel for months? How can a garage owner dispose of a car that has never been recovered? The law lays down specific procedures for auctioning abandoned items, protecting the rights of both owners and custodians. 1 The legal framework...The legal framework for furniture auctions: what you need to know
Guarantees, securities and enforcement law, AuctionsThe public auction, with its characteristic ritual and the hammer that seals the deal, fascinates as much as it questions. The legal framework surrounding auctions has changed radically in recent years. Since 2011, the field has been liberalised, opening up new possibilities while maintaining the necessary framework. Recent developments...Auction sales of timber harvests and cuttings: legal framework and specific features
Guarantees, securities and enforcement law, AuctionsSelling crops or timber at auction involves a specific procedure. The repeal of the law of 5 June 1851 changed this legal framework. What rules apply today? Introduction: legal classification of harvests and cuttings of wood Public sales of harvests concern the products of...Auctions of new goods: legal framework and practices
Guarantees, securities and enforcement law, AuctionsAct 2011-850 of 20 July 2011 radically changed the rules governing auctions of new goods in France. Previously severely restricted, these sales are now authorised subject to conditions. This change marks the end of a centuries-old principle enshrined in the law of 25 June 1841, which prohibited the sale...The territorial jurisdiction of the JEX: which judge to refer to and where?
Law of guarantees, securities and enforcement measures, Enforcement judgeChoosing the right Juge de l'Exécution (JEX) can make the difference between an effective procedure and a costly and time-consuming rejection. The territorial jurisdiction of the JEX is governed by specific rules that you need to master to maximise your chances of success. The principle of the jurisdiction option...Stay of execution: how do you suspend the effects of a JEX decision?
Law of guarantees, securities and enforcement measures, Enforcement judgeYou have just lost before the enforcement judge (JEX). You think the decision is questionable and you want to appeal. Problem: this appeal has no suspensive effect. The decision remains immediately enforceable, with potentially irreversible consequences. A stay of execution is therefore your last resort to avoid enforcement...
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