Guarantees, securities and enforcement law

Guarantees, securities and enforcement law

Recovering a debt can sometimes be an obstacle course. When amicable attempts fail, the creditor must arm himself with an essential document: the writ of execution. Without it, it is impossible to initiate enforcement proceedings and force a recalcitrant debtor to honour his obligations. This fundamental requirement is enshrined in the...

Guarantees, securities and enforcement law

Winning a case is only half the battle. Without effective enforcement of the decision obtained, the victory remains symbolic. The right to enforcement represents the bridge between a favourable decision and its actual implementation. A fundamental right enshrined in the ECHR The right to enforcement has...

Law of guarantees, security interests and enforcement measures, Security interests in movable property

Transferable securities are an essential tool for companies financing their activities. Ordinance no. 2021-1192 of 15 September 2021 represents a genuine revolution. It unifies the pledge regime, eliminates texts scattered across several codes and clarifies the distinction between pledge and collateral. These changes will make it easier to...

Guarantees, securities and enforcement law

The reform of the law on sureties radically modernises the formalities involved. Ordinance 2021-1192 of 15 September 2021 incorporates digital tools. These changes meet the needs of a digitalised economy. The end of handwritten formalities for surety bonds The protective formalities for surety bonds remain in place, but are changing. Article 2297 of the Civil Code...

Bonding, Guarantees, Securities and Enforcement Law

Guarantees are the most widely used personal surety in banking and commercial practice. Its effectiveness is based on its apparent simplicity: one person undertakes to pay the debt of another in the event of default. Order no. 2021-1192 of 15 September 2021 completely rewrites the law on surety bonds. This reform...

Law of guarantees, security interests and enforcement measures, Security interests in movable property

Seizures of property, as we have already seen, are designed to freeze assets. Sometimes, however, the aim is not to prevent the debtor from using his assets, but rather to secure priority over a valuable asset should it be sold. A creditor may wish to secure his claim on the property...

Law of guarantees, securities and enforcement measures, Seizure of assets

Have you discovered that your bank account has been seized, your car immobilised as a precautionary measure, or that a legal mortgage has been registered on your house, without you even having been informed? This situation can be a source of concern, and even a feeling of injustice, especially if...

Law of guarantees, securities and enforcement measures, Seizure of assets

In our previous article, we explored precautionary measures, essential legal tools for protecting your debts when their recovery is threatened. Preventive attachment is undoubtedly the most direct way of 'freezing' your debtor's assets before they disappear. It is a preventive action...

Law of guarantees, security interests and enforcement measures, Security interests in immovable property

The reform of the law on security interests introduced by Order no. 2021-1192 of 15 September 2021 has radically altered the landscape of property security interests. Special real estate liens will be replaced by legal mortgages. The aim of this overhaul is to simplify and modernise a complex and sometimes archaic legal system. There is a great deal at stake for sellers, purchasers,...

Law of guarantees, securities and enforcement measures, Seizure of assets

Your company has delivered goods or performed a service, but your customer is delaying payment. Worse still, you learn that they appear to be selling their assets or emptying their business accounts to avoid meeting their obligations. This situation, which is unfortunately common, can jeopardise the financial health of your business....

Law of guarantees, securities and enforcement measures, Seizure of assets

You have a debt that appears to be well-founded and its recovery is threatened, as we saw in our first article. The practical question then arises: how do you actually initiate a precautionary measure? Do you always have to get the go-ahead from a judge before taking action to protect your interests? The...

Guarantees, securities and enforcement law

Winning your case in court is not enough. The decisive factor in transforming a judgement into an enforcement tool is the executory clause. This legal "sesame", which is affixed to court decisions, requires the public authorities to assist with enforcement. The content of the executory clause The...

Guarantees, securities and enforcement law

Temporary inability to pay debts does not necessarily mean immediate seizure of your assets. French law offers a number of mechanisms that allow debtors in difficulty to breathe easy financially while protecting the interests of creditors. The grace period: a judicial breath of fresh air Conditions for granting the grace period...

Guarantees, securities and enforcement law

Losing your home is a major trauma. Thousands of French people are evicted from their homes every year. The law seeks to strike a balance between the rights of the landlord and the protection of the tenant. Legislation provides mechanisms to prevent or delay eviction. The right to housing and its implications The...

Law of guarantees, securities and enforcement measures, Seizure of motor vehicles

Cars are often a significant part of a debtor's assets, making them a prime target for creditors. The law has developed specific enforcement mechanisms tailored to these valuable mobile assets. Among these, seizure by declaration represents an effective intellectual measure, distinct from the physical immobilisation of the vehicle. 1 Origins...

Guarantees, securities and enforcement law

Enforcement procedures involve a triangle of players: the creditor who claims what is owed, the debtor who must perform, and third parties who hold information or assets belonging to the debtor. Although often overlooked in legal analysis, third parties play a decisive role. Their collaboration can speed up the recovery of a debt...

Guarantees, securities and enforcement law

When a new law changes the rules on enforcement, how do you know which text applies to your current case? This question, far from being theoretical, often determines the outcome of enforcement proceedings. Between the protection of acquired rights and the immediate application of new legislation, transitional law lays down rules...

Law of guarantees, security interests and enforcement measures, Security interests in immovable property

The world of mortgages is not limited to the guarantees voluntarily given as part of a property loan. In some cases, a court ruling can be the very source of a mortgage, transforming a recognised claim into a solid right over your debtor's assets. Similarly, it is sometimes possible...

Guarantees, securities and enforcement law

Insolvency law, with its rules for dealing with debts and safeguarding businesses, often interferes with other branches of law. When the debtor's situation involves his or her spouse, assets held jointly or in joint tenancy, or when specific guarantees are required, the law...

Law of guarantees, security interests and enforcement measures, Security interests in immovable property

A mortgage is not set in stone for eternity. Like any debt-related security, it has a lifespan, and a number of events can bring it to an end. Beyond its creation and initial registration, understanding how a mortgage is extinguished is essential. Whether you finally...