Guarantees, securities and enforcement law
Legal regime for seizures of ships, boats and aircraft: specific features and legal basis
By Raphaël MORENON21 November 2025Whether you're a creditor or a debtor, seizing a ship or aircraft is no simple matter. Our guide demystifies the complex legal procedures in France to secure your rights. Avoid the pitfalls!
Expiry of the summons to pay in the event of seizure
Law of guarantees, securities and enforcement measures, Seizure of propertyThe concept of proceedings is not an obvious one in civil enforcement proceedings. This is undoubtedly why the legislature sought to limit the effects of a summons to pay in the form of a seizure over time by means of rules that are independent of the concept of the lapse of proceedings as it is...The effects of a summons to pay in the form of a seizure on the debtor
Law of guarantees, securities and enforcement measures, Seizure of propertyThe effects of a summons to pay in the form of a seizure on the debtor, the third party purchaser and third parties are described in article R. 321-13 of the Code of Civil Enforcement Procedures, which states that "The unavailability of the property, the seizure of its fruits and the restriction of the rights of enjoyment and administration...Service of the summons to pay in the event of seizure on the third party purchaser
Law of guarantees, securities and enforcement measures, Seizure of propertyProperty seizure proceedings are sometimes initiated against a third party who has acquired the encumbered property. The concept of third-party purchaser To fully understand how collection proceedings can be initiated against a third party, it is important to understand the concept of guarantee...Seizure of real estate and judicial liquidation
Law of guarantees, securities and enforcement measures, Seizure of propertyJudicial liquidation has the effect of blocking the property seizure procedure. Placing the debtor under judicial liquidation has the effect of interrupting or prohibiting all civil enforcement proceedings. Temporarily, at any rate. The judicial liquidation of a corporate debtor The opening of collective proceedings halts or prohibits all civil enforcement...What happens if the debtor dies?
Law of guarantees, securities and enforcement measures, Civil procedureIn the event of the death of the debtor of a writ of execution, there are ways of continuing to collect a debt. It all depends on the status of the estate. The debtor is deceased and his heirs are known When the creditor knows the debtor's heirs, the progress of recovery depends on...Notice of attachment: how does it work?
Law of guarantees, securities and enforcement measures, Attachment of assetsAttachment is a dreadful enforced collection procedure for debtors, who see their claims transferred to their creditors. The notification of this act by a court commissioner is a fundamental step: it informs you of the measure and is the starting point for the deadline for...Can you sell a mortgaged house?
Law of guarantees, securities and enforcement measures, Seizure of propertyIs it possible to sell a mortgaged house? You want to sell your mortgaged house or flat. How do you go about it? What is a mortgage? Mortgages belong to the category of security interests. The concept of security refers to all the guarantees that a creditor can take out to secure the payment of...Foreclosure does not cover the debt: analysis
Law of guarantees, securities and enforcement measures, Seizure of propertyWhen a foreclosure sale does not cover the entire debt, the financial situation becomes a real headache for both the debtor and the creditor. The borrower wonders how much still needs to be paid, while the creditor assesses how much can still be recovered. If you want to take on new debt...What happens to the interest debt on a loan after judgment?
Guarantees, securities and enforcement lawThere are plenty of securitisation bodies and other debt collection agencies practising seizures in an attempt to obtain payment of interest that is in fact time-barred. While the creditor has ten years to recover the sums owed in respect of the capital borrowed from the date of the consumer's conviction,...The relative effect
Law of guarantees, securities and enforcement measures, Seizure of propertyIdentifying the owner of an immovable, on the one hand, and identifying an immovable, on the other, requires identifying the title by virtue of which the owner is the owner of the immovable. The concept of relative effect The deed recording a transfer of ownership must mention the relative effect, i.e. the deed by which the distrainee debtor became the owner of the...Jurisdiction of the enforcement judge with regard to seizures of immovable property
Law of guarantees, securities and enforcement measures, Seizure of propertyThe jurisdiction of the execution judge in matters of seizure of property has specific features that sometimes make it difficult to define. The jurisdiction of the enforcement judge The jurisdiction of the enforcement judge results from the third paragraph of article L. 213-6 of the Code of Judicial Organisation: "The judge...The writ of execution for seizure of property
Law of guarantees, securities and enforcement measures, Seizure of propertyLast update: 26 March 2026 - complete overhaul, including content on amicable sale before auction Foreclosure is the most cumbersome form of enforcement under French law. It enables a creditor to sell a property belonging to his debtor in order to pay himself...Penalties for failure to declare the identity of the winning bidder
Law of guarantees, securities and enforcement measures, Seizure of propertyThe property seizure procedure was reformed by Ordinance no. 2006-461 of 21 April 2006 and its implementing decree no. 2006-936 of 27 July 2006, amended by decrees no. 2006-805 of 23 December 2006 and no. 2009-160 of 12 February 2009. The penalty for defaulting bidders...Attachment and assignment of debt
Law of guarantees, securities and enforcement measures, Attachment of assetsThey are called securitisation mutual funds. You've never heard of them in your contractual relationship with the bank that financed your old consumer credit, yet you've just had your bank accounts seized. On reading the writ of attachment,...The lawyer's competence in property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe lawyer's jurisdiction in property seizures has a number of specific features that need to be clarified. Article R. 311-4 of the Code of Civil Enforcement Procedures states that "Unless otherwise provided, the parties are required to constitute a lawyer". Article...
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