Guarantees, securities and enforcement law
Status of the judicial commissioner: organisation and ethics 2025
By Raphaël MORENON29 October 2025Understand the key role of the new judicial commissioner in France. Find out about their tasks and responsibilities and how this merger will affect your rights and procedures. Complete guide.
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...The sale of seized crops: practicalities and incidents
Law of guarantees, securities and enforcement measures, Seizure of standing cropsEnforcement against agricultural assets poses particular challenges. The sale phase, particularly for crops, requires a procedure tailored to their maturation cycle. The seizure of standing crops, which precedes the sale stage, is governed by a specific legal mechanism, conditions and features...The procedure for seizing standing crops: essential formalities
Law of guarantees, securities and enforcement measures, Seizure of standing cropsThe seizure of standing crops is a special form of movable property seizure that is rarely used in practice. This procedure requires compliance with specific formalities to ensure its validity. Let's take a look at the key stages of the procès-verbal, how it is served and how the seized assets are managed. The procès-verbal of...Which crops can be seized and when?
Law of guarantees, securities and enforcement measures, Seizure of standing cropsSeizure of standing crops is a special form of enforcement. It allows a creditor in possession of a writ of execution to seize fruit and crops even before they have been separated from the soil. This procedure is governed by precise rules. Criteria for seizing crops Not all crops can be seized....Seizure of standing crops: mechanism, conditions and legal particularities
Law of guarantees, securities and enforcement measures, Seizure of standing cropsThe world of enforcement involves some little-known procedures. One of these is the seizure of standing crops. Yet this rare procedure deserves our attention. It bears witness to a legal system that is adapted to the specific characteristics of agriculture. After seizure, the question of selling seized crops also raises specific issues. DefinitionsThe bank safe deposit box contract: legal aspects and implications for seizures
Law of guarantees, securities and enforcement measures, Seizure of assets placed in a safe deposit boxhtml Who hasn't wondered about the legal status of a bank safe deposit box? Far from being a simple rented space, this banking service is subject to a complex legal regime, particularly in the event of seizure by a creditor. Here's how it works. The legal nature of the safe-deposit box contract The safe-deposit box contract places...Seizing assets in a safe deposit box: procedure and issues
Law of guarantees, securities and enforcement measures, Seizure of assets placed in a safe deposit boxThe seizure of assets placed in a safe is a particular operation of enforcement law. Although little known, this procedure is governed by specific rules that are of practical interest to creditors. 1 Framework and conditions for precautionary seizure Precautionary seizure enables the creditor to place the...Seizure of assets in a safe deposit box
Law of guarantees, securities and enforcement measures, Seizure of assets placed in a safe deposit boxA creditor may find himself in a situation where a debtor is hiding his valuables in a safe. The seizure and attachment procedure offers a solution. Legal framework for seizure and attachment Seizure and attachment applies when a creditor seeks to recover a specific asset rather than to obtain payment of a sum...Seizure and sale of assets placed in a safe deposit box
Law of guarantees, securities and enforcement measures, Seizure of assets placed in a safe deposit boxWhen a creditor seeks to recover his debt, the seizure of assets in a safe represents a special enforcement procedure. This enforcement technique is subject to strict rules to protect the rights of both the creditor and the debtor. 1. Specific features of seizure for sale in a...Seizing assets placed in a safe: basic principles
Law of guarantees, securities and enforcement measures, Seizure of assets placed in a safe deposit boxWhen a creditor wishes to recover a debt, seizing assets placed in a safe is an option. This particular procedure requires mastery of specific rules in order to be carried out correctly. For in-depth legal expertise and tailor-made assistance with enforcement procedures, we recommend...Obstacles and limits to the seizure-revindication and apprehension procedures
Law of guarantees, securities and enforcement measures, Seizure and attachmentWhen property is not in your hands, recovering it can be a tricky business. Seizure and attachment are legal tools for recovering movable property. But these procedures come up against various obstacles that can compromise their effectiveness. Obstacles linked to the right of ownership The rule...Attachment: securing your rights to tangible personal property
Law of guarantees, securities and enforcement measures, Seizure and attachmentDisputes over the ownership or possession of movable property can become complex. When an item belongs to you but ends up in the hands of a third party, there is a specific procedure to protect your rights: seizure and reclamation. Although little known to the general public, this protective measure is a powerful legal tool...Delivery or restitution orders: obtaining a writ of execution to recover your property
Law of guarantees, securities and enforcement measures, Seizure and attachmentHave you entrusted a valuable item to someone who refuses to return it? Have you bought something and the seller is not delivering it? The injunction to deliver or return procedure is an effective way of quickly obtaining a writ of execution. It allows you to...Understanding seizure and attachment: recovering your tangible movable property
Law of guarantees, securities and enforcement measures, Seizure and attachmentReclaiming property that has not been returned or delivered is often a legal headache. How do you repossess a vehicle that has not been returned after a loan? How do you recover equipment you own? Seizure and attachment is the legal solution for recovering these assets. We take a closer look at this little-known legal mechanism. What is a...Precautionary measures: protecting your claims before it's too late
Law of guarantees, securities and enforcement measures, Seizure of assetsWhen a debtor delays payment, time is rarely on the creditor's side. Between the time when a debt becomes due and the time when an enforcement order can be obtained, the debtor's assets risk evaporating. Precautionary measures are therefore an effective legal tool for preserving the debtor's chances...Seizures of tangible movables: instructions for use
Law of guarantees, securities and enforcement measures, Seizure of assetsWhen it comes to debt collection, seizure is an invaluable tool. Far from being a trivial measure, it allows you to temporarily freeze a debtor's assets without waiting for a writ of execution. This procedure is a response to the urgency of a situation where the debtor's assets could evaporate. Here's how it works.Attachment of receivables: freezing your debtor's bank assets
Law of guarantees, securities and enforcement measures, Seizure of assetsCompanies faced with unpaid debts have a legal arsenal at their disposal that is often little-known. Among these tools, the seizure of receivables is a particularly effective lever. This procedure makes it possible to quickly freeze the funds held by your debtor, particularly his bank accounts, even before obtaining a final judgement. 1. The strategic interest...
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