Guarantees, securities and enforcement law
Unseizable movable property in France: exhaustive list, exceptions and debtor protection
By Raphaël MORENON19 September 2025What assets are protected by French law in the event of seizure? Find out about your rights, the list of assets that cannot be seized and the exceptions you need to know about to defend yourself.
The unenforceability of leases in foreclosure proceedings
Law of guarantees, securities and enforcement measures, Seizure of propertyThe Court of Cassation's response to the question of the unenforceability of mail in property seizures seems to be at odds with the provisions of the Code of Civil Enforcement Procedures. Here's where we stand. The unenforceability of leases under the French Code of Civil Enforcement Procedures Article L. 321-4 of the...What happens to the interest debt on a loan after judgment?
Guarantees, securities and enforcement lawThere are plenty of securitisation bodies and other debt collection agencies practising seizures in an attempt to obtain payment of interest that is in fact time-barred. While the creditor has ten years to recover the sums owed in respect of the capital borrowed from the date of the consumer's conviction,...The relative effect
Law of guarantees, securities and enforcement measures, Seizure of propertyIdentifying the owner of an immovable, on the one hand, and identifying an immovable, on the other, requires identifying the title by virtue of which the owner is the owner of the immovable. The concept of relative effect The deed recording a transfer of ownership must mention the relative effect, i.e. the deed by which the distrainee debtor became the owner of the...Jurisdiction of the enforcement judge with regard to seizures of immovable property
Law of guarantees, securities and enforcement measures, Seizure of propertyThe jurisdiction of the execution judge in matters of seizure of property has specific features that sometimes make it difficult to define. The jurisdiction of the enforcement judge The jurisdiction of the enforcement judge results from the third paragraph of article L. 213-6 of the Code of Judicial Organisation: "The judge...The land registry service for property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertySince the purpose of the property seizure procedure is to sell a property by public auction and distribute the proceeds to creditors, the issue of publication of the procedural documents in the property register held by the land registry service must be dealt with as soon as the...ABUSIVE CLAUSES & ENFORCEMENT: what if it wasn't all over?
Law of guarantees, securities and enforcement measures, Attachment of assetsYou are the victim(s) of a seizure of your property on the basis of a loan contract that may contain unfair terms but you have not had the opportunity to raise the matter beforehand: nothing is lost. Come and see us now! THE CONTEXT: A seizure based on an unfair clause...Texts applicable to property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe property seizure procedure is based on a disparate body of legislation, and there is no point in drawing up an exhaustive inventory at this stage. However, a few basic points need to be clarified. Reform and codification of the procedure for seizure of property The procedure for seizure of property was reformed by the Order...The writ of execution for seizure of property
Law of guarantees, securities and enforcement measures, Seizure of propertyImplementation of the property seizure procedure depends very much on the nature of the writ of execution in the creditor's possession. The writ of execution and the seizure of property The writ of execution is the document bearing the enforcement formula, which the court commissioner enforces. It should be remembered that it is necessary...Penalties for failure to declare the identity of the winning bidder
Law of guarantees, securities and enforcement measures, Seizure of propertyThe property seizure procedure was reformed by Ordinance no. 2006-461 of 21 April 2006 and its implementing decree no. 2006-936 of 27 July 2006, amended by decrees no. 2006-805 of 23 December 2006 and no. 2009-160 of 12 February 2009. The penalty for defaulting bidders...Property seizure appeal: is it too late to defend yourself?
Appeal, Law of guarantees, securities and enforcement measures, Seizure of propertyTo avoid having your property seized, you need to fight hard at first instance. By the time you appeal, it's too late. I. It's at first instance that it all comes down to it! Property seizure is a complex matter, and requires the involvement of competent professionals to understand the specifics and offer you the best...Guarantees and mergers
Bonding, Guarantees, Securities and Enforcement LawThe guarantor's commitment may be affected by the merger of the creditor company. The extent of the guarantor's commitment When applying for a bank loan, the bank may request additional guarantees from its future co-contractor. One of these guarantees is formalised in a guarantee deed. This is a...Attachment and assignment of debt
Law of guarantees, securities and enforcement measures, Attachment of assetsThey are called securitisation mutual funds. You've never heard of them in your contractual relationship with the bank that financed your old consumer credit, yet you've just had your bank accounts seized. On reading the writ of attachment,...The lawyer's competence in property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe lawyer's jurisdiction in property seizures has a number of specific features that need to be clarified. Article R. 311-4 of the Code of Civil Enforcement Procedures states that "Unless otherwise provided, the parties are required to constitute a lawyer". Article...
EN 
FR