Guarantees, securities and enforcement law

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

In an economic world where financial assets play a predominant role, creditors must adapt their collection strategies. Shares and other financial instruments often represent a substantial proportion of debtors' assets. Knowing how to seize them can prove decisive in securing payment of a debt. The...

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

Recovering money internationally can often be an obstacle course. A debtor domiciled in another country, bank accounts scattered across the European Union, divergent national legislation... These are just some of the obstacles that complicate cross-border debt collection. Since 2017, a new tool has changed all that: the European ordinance...

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

If a debt is threatened, creditors have two options: precautionary seizure or legal security. The former freezes the debtor's assets and makes them unavailable. The second, less restrictive but just as effective, allows a preferential right to be registered over certain assets without immobilising them. This protection...

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

When a creditor has a claim that appears legitimate but is not yet recognised by an enforceable title, he is in a precarious situation. If the debtor encounters financial difficulties and is the subject of collective proceedings, there is a great risk that his chances of recovery will vanish. Faced with...

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

As a creditor, how do you protect your rights when your debtor owns assets abroad? Precautionary measures offer a practical solution, but their international implementation raises complex issues. 1 Securing your international receivables Precautionary measures make it possible to secure a receivable by making it...

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

Attachment is a formidable procedure for recovering debts. This mechanism, introduced by the law of 9 July 1991, enables a creditor in possession of a writ of execution to obtain immediate payment of his debt by seizing the sums owed to his debtor by a third party. This article details the...

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

Attachment is a formidable mechanism for creditors with a writ of execution. This procedure makes it possible to obtain rapid payment of a debt by blocking the sums owed to the debtor by a third party. Its legal effects are immediate and far-reaching, but it is subject to a system of contestation that guarantees the...

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

Attachment for payment, a formidable enforcement procedure because of its immediate effect on claims, raises thorny issues in certain situations. After reviewing the basic principles and standard procedures of attachment for payment, this article looks at situations that require particular attention. 1. Attachment of assets and insolvency proceedings The...

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

Some debts are resistant to attachment. Even with a writ of execution in your pocket, you could come up against some solid legal obstacles. To help you understand how this procedure works in general, here's a look at the world of unavailable and unattachable debts. Unavailable debts The fact that a debt is unavailable is a...

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

The encounter between a seizure-attribution procedure and the opening of collective proceedings, whether safeguard, reorganisation or judicial liquidation, creates a major area of legal friction. It pits the law of enforcement, which is designed to enable a creditor to recover his debt, against the law...

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

Attachment is a powerful tool for recovering debts. However, certain atypical situations can complicate its implementation. An experienced practitioner needs to be familiar with these special situations to avoid procedural pitfalls and fully master the general operation of attachment for payment. 1. Seizure on oneself: a mechanism...

Law of guarantees, securities and enforcement measures, seizure and sale

Seizure for sale is regularly used to obtain compulsory payment of a debt. But do you know how it works? When can it be used? Who can use it and against whom? Our firm of enforcement lawyers analyses the key aspects of this procedure. Introduction: what is an attachment for sale? Attachment for sale is a...

Law of guarantees, securities and enforcement measures, seizure and sale

Seizure and sale is a procedure whereby a creditor in possession of a writ of execution can sell the debtor's tangible assets and obtain payment from the proceeds. This compulsory execution measure, provided for in articles L. 221-1 et seq. of the Code des procédures civiles d'exécution (CPC exéc.), raises...

Law of guarantees, securities and enforcement measures, seizure and sale

A vehicle often represents an accessible asset for a creditor seeking to recover a debt. The seizure and sale procedure has its own special features when it comes to land-based motor vehicles. There are a number of rules governing this procedure, ranging from relative unseizability to specific practical arrangements. The seizability of the vehicle The seizability of a vehicle...

Law of guarantees, securities and enforcement measures, seizure and sale

Seizure and sale, a compulsory execution procedure enabling a creditor to sell the debtor's movable property, is not immune from incidents. Among the most sensitive are disputes over the ownership of the goods seized. From misidentification, to situations where the debtor lives with the debtor, such as...

Law of guarantees, securities and enforcement measures, seizure and sale

html Have you obtained a writ of execution against your debtor and are you ready to launch a seizure and sale? Be careful: the opening of collective proceedings or a case of overindebtedness can change everything. These specific legal situations impose strict rules that suspend or prohibit individual enforcement measures. Here's how...

Law of guarantees, securities and enforcement measures, seizure and sale

Foreclosure often puts creditors in a competitive situation. How do you divide up the spoils when several creditors are after the same debtor's assets? This question, far from being theoretical, arises daily in the French courts. In the past, the adage "saisie sur saisie ne vaut" ("seizure upon seizure is not worth anything") meant that the second creditor had to wait...

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

When it comes to creditors' rights, the general right of pledge is their minimum protection. This essential but limited mechanism helps explain why some creditors seek additional security. These guarantees, such as mortgages, have specific implications for the parties, such as exploring the rights and obligations...

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

When a company goes through a financial crisis and enters receivership, the normal interplay of security interests is disrupted. This is especially true for the owner of a mortgaged asset, whose rights and obligations are affected. The usual rules of the Civil Code give way to a new logic...

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

Security law organises competition between creditors. Who will be paid first if the debtor cannot honour all his debts? This is not a theoretical question. It determines the effectiveness of collateral and, for owners of mortgaged property, their rights and obligations. Why classify mortgages?