Guarantees, securities and enforcement law
Invalid writ of execution
By Raphaël MORENON22 September 2025Seizure, judgement, notarial deed... Faced with a forced execution? Find out how to check the validity of the document and challenge the procedure to defend your rights.
Pledging: a powerful form of security
Guarantees, securities and enforcement lawPledging is a security interest that allows a creditor, the pledgee, to guarantee the recovery of its debt by assigning a tangible or intangible asset for this purpose. If the debtor defaults, the pledged creditor has a preferential right over the asset...Joint surety for a business loan
Bonding, Guarantees, Securities and Enforcement LawJoint and several guarantors of a business loan may be committing their personal assets. They must therefore be vigilant.Is AI up to date? Legal Watch and Artificial Intelligence - still on the subject of the disappearance of the JEX
Guarantees, securities and enforcement lawPlease note: not all IAs have been informed of the disappearance of the movable JEX.Creditor and debtor: definitions and analysis
Guarantees, securities and enforcement lawThe creditor and the debtor are two sides of the same coin: one benefits from an obligation, the other must perform it. But what is the nature of this obligation? And what are the rights and limitations of each? We tell you everything.What is an enforcement order and how does it work?
Guarantees, securities and enforcement lawTo obtain enforcement of an obligation, the creditor must have an enforceable title. This is a legal document which, once it has been endorsed with the executory clause, enables the bailiff (the commissioner of justice) to force the debtor of the obligation to perform. As such, it is a central issue in all legal proceedings.Attachment and seizure of claims: operation, disputes
Law of guarantees, securities and enforcement measures, Seizure and attachmentSeizure and attachment enables the recovery of tangible personal property held by a debtor or a third party, either by virtue of an enforcement order or a court order.Seizure of shares: how does it work, what is it for?
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesFind out about the seizure of shareholders' rights and securities: a procedure for recovering debts on intangible assets such as shares.Astreinte in the field of enforcement measures
Astreinte, Law of guarantees, securities and enforcement measuresThe astreinte, a financial penalty, requires the debtor to comply with a court order or face penalties. Find out how it works in enforcement proceedings.Simple or joint surety
Bonding, Guarantees, Securities and Enforcement LawA simple or joint surety is a person who undertakes to pay the debts of another in the event of non-payment. This commitment is generally made in support of a bank loan. Definition of a guarantor Article 2288 of the French Civil Code defines a guarantor as a natural or legal person...Seizing a vessel: understanding the procedure
Law of guarantees, securities and enforcement measures, Seizure of shipsFind out how ship arrest allows creditors to block or sell a ship to recover their debts, within a national and international legal framework.Attachment of successively enforceable claims
Law of guarantees, securities and enforcement measures, Attachment of assetsSeizure of claims for successive performance is an effective method of seizing a debtor's recurrent payments, such as rent or wages.Informing third parties to the proceedings - Seizure of property
Law of guarantees, securities and enforcement measures, Seizure of propertyAs part of the property seizure procedure, third parties to the procedure must be informed that an auction is going to take place. The tenant or occupant in good faith The tenant or occupant in good faith must be informed of the auction at least 1 month before it takes place. A...Legal publicity - Seizure of property
Law of guarantees, securities and enforcement measures, Seizure of propertyLegal advertising enables the pursuing creditor to inform the public that an auction sale is going to take place. It enables the public to find out the details of the sale. The Code of Civil Enforcement Procedures strictly governs the way in which this must be done. The pursuing creditor is subject to...Out-of-court sales - Seizure of property
Law of guarantees, securities and enforcement measures, Seizure of propertyWhen it comes to property seizures, an amicable sale avoids the discount that often results from an auction. However, this solution has its own drawbacks. It is also technical to implement, and often confusing for the notary. Here's where we stand.Attachment of a bank account
Law of guarantees, securities and enforcement measures, Seizure of assetsGarnishment of a bank account is an effective way for creditors to protect themselves against the risk of non-payment. Analysis.Schematics of the foreclosure procedure
Law of guarantees, securities and enforcement measures, Seizure of propertyOur bible of diagrams relating to the property seizure procedure.How long can a bailiff claim a debt?
Guarantees, securities and enforcement law, BailiffsA judicial commissioner, the successor profession to the judicial officer, can be appointed to collect debts, whether through amicable or legal proceedings. For a full explanation of these changes, see our guide to the new role and powers of the judicial commissioner. However, a...Private sale - Seizure of property
Law of guarantees, securities and enforcement measures, Seizure of propertyWhen it comes to foreclosures, the concept of private sale is little understood. It meets a very real practical need, yet is widely practised. How is it possible, and what does it involve?Appeal of the orientation judgment - Seizure of property
Law of guarantees, securities and enforcement measures, Seizure of propertyAppealing against a referral decision is a difficult and tricky procedure. The stakes are high, however, and the slightest misstep can have irreparable consequences.Incidental hearings in property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe purpose of the incidental hearing is to settle any difficulties or disputes that are not settled at the orientation hearing. This distinction is important because the incidental judgment is very different from the preliminary judgment. We explain the specific features of this judgment, which is specific to the property seizure procedure. The...
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