Guarantees, securities and enforcement law
Seizure of assets for payment: understanding the legal capacity and powers of the parties
By Raphaël MORENON14 September 2025Attachment: your rights are at stake! Find out how the legal capacity of the creditor, debtor and garnishee affects the validity of the seizure.
Termination of a guarantee: methods and consequences
Bonding, Guarantees, Securities and Enforcement LawSurety 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...Recent reforms to surety bonds: changes for creditors and sureties
Bonding, Guarantees, Securities and Enforcement LawThe 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...Understanding the effects of surety bonds: a practical guide
Bonding, Guarantees, Securities and Enforcement LawWhen you become a guarantor, you undertake to pay the debt of a third party in the event of default. This creates a complex legal relationship between the guarantor, the creditor and the principal debtor. It gives rise to a network of obligations and rights. An understanding of these mechanisms is vital for anyone thinking of...Guarantees: what are the conditions for a valid commitment?
Bonding, Guarantees, Securities and Enforcement LawGuarantees are a daunting commitment for anyone who enters into one. Yet this legal mechanism, which allows a third party to guarantee the debt of a principal debtor, is still poorly understood by many signatories. Consent: the cornerstone of guarantees Guarantees require free and informed consent. The...The different forms of guarantee
Bonding, Guarantees, Securities and Enforcement LawSuretyship is one of the most widely used personal sureties under French law. It enables a creditor to secure its claim by obtaining a commitment from a third party to pay the debt if the principal debtor fails to do so. This form of security comes in several varieties, each with its own specific features...Characteristics of surety bonds
Bonding, Guarantees, Securities and Enforcement LawSurety plays a major role in our economy. This personal surety enables a creditor to obtain a commitment from a third party to guarantee the debt of a defaulting debtor. The mechanism may seem simple, but its features deserve attention. This article provides a detailed understanding of the mechanisms and pitfalls of surety bonds...Bonding: understanding its mechanisms and pitfalls
Bonding, Guarantees, Securities and Enforcement LawA surety bond is a contract in which one person undertakes to pay the debt of another in the event of default. Simple on the face of it, this mechanism conceals a number of risks. The Order of 15 September 2021 overhauled this law, which had previously been scattered across a number of different codes. The basics of surety bonds Surety bonds are defined...Release of seizure - Conditions, guarantees
Law of guarantees, securities and enforcement measures, Seizure of shipsThe maritime world has its own rules. When a ship is immobilised by a preventive seizure, an entire economic equilibrium is turned upside down. Downtime is expensive. The shipowner loses money. The goods do not arrive at their destination. Release then becomes a crucial issue for the shipowner. It represents...The system of maritime mortgages
Law of guarantees, securities and enforcement measures, Seizure of shipsThe maritime mortgage is an essential guarantee for the maritime business. It enables shipowners to obtain financing for the acquisition or construction of ships. Let's find out more about this special legal mechanism. I. Presentation of the maritime mortgage Definition and legal nature The maritime mortgage is a security interest in a vessel without dispossession...Maritime credit: a financing system dedicated to the blue economy
Law of guarantees, securities and enforcement measures, Seizure of shipsI. Presentation of maritime credit Definition and objectives Maritime credit is a specialised financing mechanism designed to support activities related to the sea. It is aimed primarily at fishermen, shellfish farmers and those involved in marine farming. Its purpose? To facilitate the acquisition of vessels, modernise fishing fleets...The effects of seizure on the vessel and crew
Law of guarantees, securities and enforcement measures, Seizure of shipsThe seizure of a vessel has far-reaching consequences for the vessel and its crew. Behind the apparent simplicity of this procedure lie considerable legal, economic and human implications. I. Immediate effects on the vessel Physical detention The seized vessel is detained in port. It cannot be...Maritime claims - Definition, types, maritime liens
Law of guarantees, securities and enforcement measures, Seizure of shipsThe maritime world, with its specificity and particularity, has developed a set of original rules concerning claims and related guarantees. These legal mechanisms reflect the need to adapt the law to the constraints of ship operations. I. The concept of a maritime claim International definition The...Seizable and unseizable vessels
Law of guarantees, securities and enforcement measures, Seizure of shipsThe maritime world is home to a number of legal peculiarities that are little known to the general public. The ship, a mobile object par excellence, is subject to a specific regime when it comes to seizure. Between maritime law, international law and enforcement procedures, the rules are not lacking in complexity. I. Legal definition of a ship Criteria for...Attachment of ships and execution: two procedures with different legal regimes
Law of guarantees, securities and enforcement measures, Seizure of shipsThe seizure of a vessel is a privileged tool for maritime creditors. Far from being monolithic, there are two distinct procedures: precautionary attachment and enforcement attachment. Although these two mechanisms are both aimed at immobilising a vessel, their rationale, conditions and effects are radically different. I....Attachment of ships: procedure, conditions, effects
Law of guarantees, securities and enforcement measures, Seizure of shipsIn maritime law, seizure remains a measure feared by shipowners. Unlike precautionary attachment, which simply detains the vessel, execution leads to its forced sale. A complex and rigid process, it pits determined creditors against shipowners in financial difficulty. I. The concept of...Preventive seizure of ships
Law of guarantees, securities and enforcement measures, Seizure of shipsI. Introduction to the precautionary arrest of ships The precautionary arrest of ships is a procedure that allows a ship to be temporarily detained in port. It is a preventive measure, not a definitive sanction. Its purpose is to guarantee payment of a debt by preventing the debtor from removing his pledge. In...Enforcement: how does it work?
Guarantees, securities and enforcement lawEnforcement is a set of procedures used to force a recalcitrant debtor to fulfil his obligations.Re-bidding in property seizures (e.g. "folle enchère")
Law of guarantees, securities and enforcement measures, Seizure of propertyThe re-bidding procedure (ex folle enchère) allows a property to be re-sold if the winning bidder fails to pay the price.What is the minimum amount for a property seizure?
Law of guarantees, securities and enforcement measures, Seizure of propertyThe question of the minimum amount required to trigger a seizure of property is a legitimate concern for many debtors, who are often faced with real financial difficulties. The idea of losing your home for a small debt may seem disproportionate. Although the law does not set a minimum amount, the procedure is...Amicable sale before auction
Law of guarantees, securities and enforcement measures, Seizure of propertyAn amicable sale before auction is often the preferred solution in property seizures. This mechanism allows the distrainee to sell its property on more favourable terms than in a compulsory sale. 1. Definition and legal framework Amicable sale with judicial authorisation, governed by the...
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