Guarantees, securities and enforcement law
Seizure and sale of movable property: conditions, procedures and specific legal features in depth
By Raphaël MORENON14 September 2025What are your rights when faced with the seizure and sale of movable property? Find out about the procedures, players and advice for debtors and creditors. Protect your rights!
Creditors' general right of lien: principles and limits
Law of guarantees, security interests and enforcement measures, Security interests in movable propertyThe right of general pledge is the cornerstone of the legal system protecting creditors. This mechanism, which is sometimes misunderstood, ensures a balance between the security of transactions and the rights of debtors. Its practical application raises a number of questions that merit analysis. The legal framework of the general right of lien...Repeat auctions: mechanism and consequences
Guarantees, securities and enforcement law, Auctions1. Principle and definition of the reiteration of bids Terminological evolution: from "folle enchère" to reiteration The reiteration of bids replaced the term "folle enchère" when the seizure of property procedure was reformed by Order no. 2006-461 of 21 April 2006. In the past, this term referred to...Electronic auctions - procedures and particularities
Guarantees, securities and enforcement law, Auctions1. Legal framework for electronic auctions Legal definition Article L. 321-3, paragraph 1, of the French Commercial Code defines an electronic auction as "the act whereby an agent offers an item for remote public auction by electronic means in order to sell it to the highest bidder". This...Enforcement in the context of collective proceedings and overindebtedness
Guarantees, securities and enforcement lawYou have a writ of execution and your debtor is not paying. The way forward seems clear: seize the debtor's assets, bank accounts or income. But the opening of collective or over-indebtedness proceedings changes all that. These mechanisms, designed to deal with the overall debts of a debtor in difficulty, often place the debtor...Auctions: players and procedures
Guarantees, securities and enforcement law, AuctionsTo understand auctions in their entirety, it is essential to be familiar with their principles and definitions. More specifically, sales by auction are governed by a precise legal framework. The players and procedures vary depending on whether the sale is voluntary or legal. Here's what you need to know about...Provisional enforcement: definition, basis and distinction from final enforcement
Law of guarantees, securities and enforcement measures, Provisional enforcementIn a legal environment where procedural deadlines are getting longer and longer, provisional enforcement is a decisive tool for litigants. This option allows creditors to obtain satisfaction without waiting for the final outcome of a dispute. What is provisional enforcement? Provisional enforcement is defined as "the right granted to the successful party...Proceedings before the JEX: what happens at a hearing?
Law of guarantees, securities and enforcement measures, Enforcement judgeMastering the procedure before the enforcement judge (JEX) is a decisive asset in winning your case. This specialised court, created by the law of 9 July 1991, deals with all enforcement disputes. Its procedure is governed by specific rules that you should be familiar with to avoid any pitfalls.The effects of provisional enforcement during appeal or opposition proceedings
Law of guarantees, securities and enforcement measures, Provisional enforcementProvisional execution, a derogation from the principle of the suspensive effect of ordinary legal remedies, allows a creditor to pursue the immediate enforcement of a court decision despite an appeal or opposition. But what are its practical effects? When do they take effect? How do they affect the parties to the dispute? When does provisional enforcement take effect?Stopping and adjusting provisional enforcement: protecting the debtor
Law of guarantees, securities and enforcement measures, Provisional enforcementProvisional execution is formidable for the convicted debtor. It neutralises the suspensive effect of the appeal or opposition. The creditor can therefore obtain payment even though the decision is not final. But there are safeguards. The law offers two protective mechanisms for the debtor: the complete cessation of provisional enforcement...The two faces of provisional enforcement: de jure and optional
Law of guarantees, securities and enforcement measures, Provisional enforcementThe principle of the suspensive effect of ordinary remedies is one of the pillars of French private judicial law. However, provisional execution is an exception to this principle, allowing a decision to be enforced immediately despite an appeal or opposition. This derogation is not insignificant: it considerably alters the balance of power between the parties...Classification and hierarchy of security interests: who comes before whom?
Law of guarantees, security interests and enforcement measures, Security interests in movable propertyWhen it comes to credit, not all creditors are in the same boat. When several creditors come forward at the same time to be paid, the question of ranking becomes decisive. The ranking of movable securities is one of the most technical issues in securities law - and potentially one of the most...Security interests in movable property: a diversified legal arsenal
Law of guarantees, security interests and enforcement measures, Security interests in movable propertyIn an unpredictable economic environment, creditors are looking to secure their claims. Security interests in movable property are an effective mechanism for guaranteeing the recovery of a debt without using real estate. These legal instruments offer increased protection to creditors wishing to limit the risk of non-payment. The four...Special astreinte regimes: expulsion, criminal and administrative matters
Astreinte, Law of guarantees, securities and enforcement measuresThe astreinte is a fundamental legal tool for forcing a debtor to fulfil his obligations. However, its application varies from one area of law to another. Certain derogatory regimes significantly modify its operation, liquidation and effects. Let's take a look at the specific features of astreinte in eviction, criminal law, administrative law and civil law.Liquidating the astreinte: from pronouncement to payment
Astreinte, Law of guarantees, securities and enforcement measuresA court has ordered your debtor to comply with a penalty payment, but nothing has happened. What can you do about it? The astreinte is only a financial threat until it is liquidated. This decisive step transforms the astreinte into a payable debt. Conditions for liquidation Who can request liquidation? Only the beneficiary of the...Penalties: which courts can impose them and under what procedure?
Astreinte, Law of guarantees, securities and enforcement measuresThe astreinte is a formidable tool in the French legal arsenal. This indirect coercive measure is designed to encourage a debtor to fulfil his obligations under the threat of a financial penalty. Unlike damages, an astreinte has a coercive rather than remedial function. Who can impose an astreinte? How is it...Security interests in French law: presentation and classification following the 2006 and 2021 reforms
Law of guarantees, security interests and enforcement measures, Security interests in movable propertyLegal uncertainty is bad for business. Securities are the answer. These guarantees protect creditors against the risk of debtor insolvency and ensure the performance of obligations. The legislator overhauled this area in 2006 and again in 2021. These reforms modernised a system that had become unsuited to today's economic needs. The...Infringement seizure: definition and essential features
Law of guarantees, securities and enforcement measures, Counterfeit seizureEvery year, counterfeiting costs the French economy between 6 and 8 billion euros. To combat this scourge, intellectual property rights holders have a powerful procedural tool at their disposal: seizure for counterfeiting. Although little known to the general public, this procedure is one of the most effective weapons in the legal arsenal for protecting intellectual property...The conditions for carrying out an infringement seizure
Law of guarantees, securities and enforcement measures, Counterfeit seizureWhat is this procedure for entering a competitor's premises to search for evidence of counterfeiting? Counterfeit seizure is a powerful and sometimes little-known procedural tool. To use it, you need to have a perfect grasp of the conditions, which may require the expertise of a lawyer specialising in infringement proceedings.Infringement seizure: procedure and request
Law of guarantees, securities and enforcement measures, Counterfeit seizureSeizure for infringement is a formidable weapon in the legal arsenal of intellectual property rights holders. This evidentiary procedure, which is not covered by ordinary law, makes it possible to obtain proof of an infringement even before bringing an action on the merits. Rules governing jurisdiction Exclusivity of the judicial court Only the president of the judicial court...Executing a counterfeit seizure: mastering this specific evidentiary procedure
Law of guarantees, securities and enforcement measures, Counterfeit seizureInfringement seizures are a unique evidentiary procedure under French law. If it is to remain valid, its execution requires particular attention, and the support of a lawyer with expertise in enforcement procedures can prove decisive. Between strict compliance with the terms of the order and procedural rules, every step counts. The parties involved in the procedure...
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