Guarantees, securities and enforcement law

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

Mortgages dominate the real estate security landscape. This security, which does not involve dispossessing the debtor, offers the creditor effective protection. For the owner of the encumbered property, it implies a series of specific rights and obligations that it is essential to be familiar with. Definition and characteristics A mortgage is an accessory real right that encumbers...

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

The credit crisis is driving creditors to seek increasingly effective protection. In this context, security property is emerging as a powerful alternative to traditional guarantees. Ownership security: an old concept revisited Ownership security is based on a simple idea: to use the right of ownership itself...

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

The property pledge remains the forgotten property security. Unlike mortgages, which dominate the legal landscape, pledges of immovable property - formerly known as antichrèse - suffer from a marked lack of interest in practice. Definition and specific features Pledging of real estate is defined as "the assignment of real estate as security for an obligation with a...

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

Definition and basis of liens on immovable property A lien on immovable property is a legal security interest. It confers a preferential right over the sale price of the debtor's property. It exists without being registered with the Land Registry. Liens are based on the quality of the claim. The...

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

What is a charge on immovable property? A charge on immovable property is a security interest in immovable property. It protects a creditor against the risk of insolvency of its debtor. It allows the creditor to be paid in preference to other creditors. These guarantees are essential for mortgages and property transactions. Without them,...

Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securities

The seizure of partners' rights and securities is often highlighted in enforcement law. It deserves particular attention. But other intangible assets can also be seized by a creditor with an enforcement order. These "other intangible rights" constitute a vast and complex universe. They are...

Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securities

The seizure of intangible rights necessarily leads to their sale. To understand this final stage, it is essential to first understand the definition and scope of the seizure of intangible rights. The procedure then varies according to the nature of the rights seized: shareholder rights, listed securities, etc.

Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securities

The seizure of intangible rights enables creditors to recover what is owed to them by seizing the debtor's shares, securities or other intangible assets. This specific procedure requires rigour and precision. For an in-depth understanding of its definition and scope, please see our article on...

Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securities

An unpaid creditor has several weapons at his disposal to recover what is owed to him. One of these is the seizure of securities, which is part of the wider context of the seizure of intangible rights. But the subject is full of technical subtleties that sometimes turn this procedure into an obstacle course....

Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securities

Are you a creditor of a debtor who owns shares in a company? Seizing these rights could be an effective way of obtaining payment. However, this complex procedure is subject to strict rules that you should be familiar with. Shareholder's rights: assets that can be seized subject to conditions Shareholder's rights represent...

Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securities

The seizure of shareholders' rights enables creditors to take legal action to seize and then sell the shares held by their debtor. This procedure has existed since the 1991-1992 reform of enforcement procedures, but is still rarely used. Why is this potentially formidable legal tool so difficult to use?

Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securities

The seizure of intangible rights enables creditors to place intangible assets belonging to their debtors under legal control and then sell them. This procedure is gaining in importance with the digitalisation of the economy and the increase in the value of dematerialised assets. Comparing international approaches will help to better...

Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securities

The legal vacuum before 1991 Prior to 1991, there were no enforcement remedies specifically aimed at intangible rights. This legal vacuum posed a problem. To better understand the seizure of intangible rights, its definition and its current scope, a historical perspective is essential. Bailiffs improvised. In the case of registered shares and partnership rights,...

Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securities

Before we look at how intangible rights can be seized, it is essential that you gain a better understanding of what intangible rights are, how they are defined and what they cover. The seizure of intangible rights has two distinct faces: enforceable or protective. These two procedures meet different needs and are used in specific contexts. Two approaches,...

Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securities

Recovering an unpaid debt can quickly become a headache. When reminders go unheeded, it's time to take enforcement action. One of these is the seizure of intangible rights, a little-known but valuable option. What is the seizure of intangible rights? This procedure enables a creditor in possession of a title...

Bonding, Guarantees, Securities and Enforcement Law

Signing a guarantee is like walking a tightrope. If the debtor falls, so can the guarantor. But there are mechanisms in place to cushion the fall. In a tense economic climate, with business failures on the increase, the fate of guarantors is a matter of concern. I. The fundamentals of surety in the face of...

Bonding, Guarantees, Securities and Enforcement Law

Surety bonds are still one of the most widely used forms of security in our economy. This guarantee, under which one person undertakes to pay the debt of another in the event of default, offers various forms of protection depending on the guarantor's profile. Let's take a look at these protective mechanisms, which have proliferated over the...

Bonding, Guarantees, Securities and Enforcement Law

Acting as guarantor for a close friend or business partner involves significant risks. The law has gradually strengthened the protection afforded to people who agree to guarantee the debts of others. The Order of 15 September 2021 modernised these mechanisms by bringing them together in the Civil Code. Here are the four shields...

Bonding, Guarantees, Securities and Enforcement Law

Surety bonds, a cornerstone of surety law, always expire eventually. This personal guarantee can disappear in two distinct ways: as an accessory or as a principal guarantee. Understanding these mechanisms is essential for creditors and guarantors alike. Our lawyers can provide you with legal expertise in this area...

Bonding, Guarantees, Securities and Enforcement Law

The bail bond underwent a major transformation with Ordinance no. 2021-1192 of 15 September 2021. This reform, which came into force on 1 January 2022, meets a need to clarify a law that had become complex and sometimes inconsistent. It makes far-reaching changes to this personal surety, which allows a creditor...