Guarantees, securities and enforcement law

  • Inalienability of property: beyond the principal residence, which assets are protected by law?

    By Raphaël MORENON
    27 June 2025
    The fundamental principle governing debts in French law is the general right of lien of creditors. Anchored in Articles 2284 and 2285 of the Civil Code, this authorises a creditor to seize the debtor's assets to obtain payment owed to him. However, this power is not without limits. The legislator has established a set of rules designed to protect the debtor, in order to preserve his dignity and ensure a balance between the interests involved. The inalienability of certain assets is one of the most powerful of these bulwarks. It renders certain assets untouchable, removing them from the reach of creditors. These mechanisms form part of the broader framework of overall debtor protection in enforcement proceedings, a technical area in which knowledge of the exceptions is as important as mastery of the rule. Understanding the legal inalienability of assets The inalienability of an asset is a...
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