Guarantees, securities and enforcement law

Astreinte, Law of guarantees, securities and enforcement measures

The astreinte, a financial penalty, requires the debtor to comply with a court order or face penalties. Find out how it works in enforcement proceedings.

Bonding, Guarantees, Securities and Enforcement Law

Last update: 25 March 2026 - Consolidation and expansion of the guide to surety bonds You have stood surety for a relative or business partner, and the creditor is demanding that you pay the debt in full. Do you have the right to refuse? It depends on the type of guarantee.

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

Find out how ship arrest allows creditors to block or sell a ship to recover their debts, within a national and international legal framework.

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

Seizure of claims for successive performance is an effective method of seizing a debtor's recurrent payments, such as rent or wages.

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

Legal advertising enables the pursuing creditor to inform the public that an auction sale is going to take place. It enables the public to find out the details of the sale. The Code of Civil Enforcement Procedures strictly governs the way in which this must be done. The pursuing creditor is subject to...

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

Garnishment of a bank account is an effective way for creditors to protect themselves against the risk of non-payment. Analysis.

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

Our bible of diagrams relating to the property seizure procedure.

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

When it comes to foreclosures, the concept of private sale is little understood. It meets a very real practical need, yet is widely practised. How is it possible, and what does it involve?

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

Appealing against a referral decision is a difficult and tricky procedure. The stakes are high, however, and the slightest misstep can have irreparable consequences.

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

The purpose of the incidental hearing is to settle any difficulties or disputes that are not settled at the orientation hearing. This distinction is important because the incidental judgment is very different from the preliminary judgment. We explain the specific features of this judgment, which is specific to the property seizure procedure. The...

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

The referral judgement settles the disputes raised by the debtor and directs the seizure towards an amicable or forced sale. The effects of this judgment are significant, as it removes any disputes that could and should have been raised at the referral stage. Analysis.

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

The schedule of conditions of sale is an essential document for ensuring that the foreclosure procedure is properly conducted. It is carefully drafted and filed to meet a variety of objectives. Analysis.

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

A creditor who initiates proceedings for the seizure of an immovable property must notify the registered creditors. To this end, he must notify them of the summons to pay for the seizure of the property. The notice must contain specific information. It is equivalent to a summons to appear at the orientation hearing....

Law of guarantees, securities and enforcement measures, Licitation-partage, Civil procedure, Seizure of immovable property

An undivided property can always be sold by auction. However, the procedure to be followed may vary.

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

Having your bank account seized is often a brutal and destabilising experience. From one day to the next, your funds are blocked, depriving you of access to your own money. While this procedure is legal, it does not allow for all excesses. A seizure can be abusive,...

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

Attachment is a formidable procedure, and one that is difficult to combat. We explain how.

Guarantees, securities and enforcement law, Bailiffs

When faced with a judicial commissioner, people may feel powerless. A public officer, this auxiliary of justice, formerly a bailiff, fulfils a public service mission by being responsible for enforcing legal decisions and serving documents. However, like any professional, they may commit errors or omissions.

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

Last update: 26 March 2026 - consolidation of articles on the identification of buildings and persons in deeds published in the property register The publication of a deed in the property register - whether a summons to pay in the form of a seizure, a deed of sale or a court order...

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

The descriptive report is a report in which the bailiff enters the premises to describe them. We will look first at the usefulness of this procedure, then at the legal framework for drawing it up, and finally at its content. The usefulness of the descriptive report The descriptive report of the property is similar to a...

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

To understand the role of lapses in the seizure of property procedure, we need to look back a little. Under the old rules, i.e. before the reform of the procedure introduced by the Order of 21 April 2006, it was common for the procedure to drag on, sometimes for several years,...