Guarantees, securities and enforcement law
European attachment of bank accounts (esac): procedure, effects and interaction with national law
By Raphaël MORENON15 September 2025Unpaid debts in Europe? The European Attachment Order (EAO) blocks debtors' bank accounts. Secure your cross-border funds. Full guide.
Seizure of bunkers: procedure and issues for ships and aircraft
Law of guarantees, securities and enforcement measures, Seizure of shipsThe seizure of bunkers, i.e. the fuel needed to propel a ship or aircraft, is a particularly formidable enforcement measure for a debtor. Seemingly simple, this procedure in fact immobilises a valuable asset and paralyses a business operation. It raises complex legal issues, including the...The precautionary seizure of debts and its conversion into an attachment for payment: complete guide
Law of guarantees, securities and enforcement measures, Seizure of property, Seizure and sale of assetsAttachment of receivables is an essential legal procedure for creditors seeking to secure the recovery of their debt. It makes a sum of money owed to your debtor by a third party, such as a bank or a customer, unavailable even before a court order has been issued...Arrest of ships: procedure, release and responsibilities
Law of guarantees, securities and enforcement measures, Seizure of shipsWhen a creditor seeks to recover its debt from a shipowner or operator, the immobilisation of the vessel by means of a protective attachment is a formidable weapon. This measure, although temporary, paralyses the commercial operation of the asset, creating a strong incentive to pay. However, its implementation is subject to a number of restrictions...Arrest of a vessel: the seizability of the vessel and ownership issues
Law of guarantees, securities and enforcement measures, Seizure of shipsThe precautionary seizure of a vessel is a formidable procedure for any creditor seeking to recover a debt. It makes it possible to immobilise a valuable asset, often the debtor's main working tool. However, the procedure is fraught with pitfalls, particularly when the issue of ownership of the vessel is at stake...Seizure of a vessel: the conditions of the claim and its maritime nature
Law of guarantees, securities and enforcement measures, Seizure of shipsThe detention of a vessel by means of a protective attachment is one of the most effective weapons available to a creditor. By nailing a ship to the quayside, the economic activity of its operator is paralysed, creating a powerful lever for obtaining payment of a debt. However, this procedure is extremely complex...Arrest of ships: the 1952 Brussels Convention and applicable law
Law of guarantees, securities and enforcement measures, Seizure of shipsThe precautionary seizure of a vessel is a formidable procedure for creditors seeking to secure their claim. It results in the immobilisation of a valuable asset, often at the heart of the owner's economic activity. However, the international nature of maritime transport creates unique legal complexities. Determining the right...Attachment of earnings: conditions, procedure and debtor protection
Law of guarantees, securities and enforcement measures, Attachment of remunerationReceiving a garnishee notice on your wages is an ordeal that can destabilise both employees and company directors. However, this measure, which directly affects earned income, is not arbitrary. It is strictly regulated by law to balance the rights of the creditor to recover his debt...Seizure under French law: fundamental principles, subjects and players
Guarantees, securities and enforcement lawSeizure is a legal procedure that enables a creditor to obtain payment of his claim by having his debtor's assets seized. An essential mechanism of enforcement law, it is strictly regulated to balance the rights of the creditor and the protection of the debtor. The purpose of this article is to...Special pledges and collateral: agricultural warrant, cash pledge and assignment of receivables as security
Law of guarantees, security interests and enforcement measures, PledgingThe Ordinance of 15 September 2021 radically modernised the law on security interests, one of the pillars of security in commercial transactions. This major reform has simplified and rationalised a number of mechanisms, including special pledges, while introducing new guarantees tailored to today's economic realities. For creditors...Pledging intangible movable property: legal regime and enforcement of claims
Law of guarantees, security interests and enforcement measures, PledgingFinancing is the driving force behind business development. To obtain credit, creditors require solid and effective guarantees. Among the tools available to economic players, pledging intangible assets, and more specifically pledging receivables, occupies a prime position. This type of security enables...Pledging tangible movable property: legal regime, constitution and enforcement
Law of guarantees, security interests and enforcement measures, PledgingThe financing of companies and the securing of commercial receivables are based on a range of legal tools, the effectiveness of which is a key factor in the confidence of economic players. Among these instruments, the pledge of tangible movable property is a fundamental security, enabling a creditor to protect himself against the risk of non-payment by obtaining a...Personal property security law: a complete guide to pledges and collateral after the 2021 reform
Law of guarantees, security interests and enforcement measures, PledgingCredit is an essential driver of business, but it depends on the creditor's confidence in the debtor's ability to honour its commitments. To secure a debt, the law of movable sureties offers an arsenal of guarantees enabling movable property to be assigned to preferential payment...Sale by auction of ships: joint ownership and joint tenancy system
Law of guarantees, securities and enforcement measures, Seizure of shipsOwnership of a vessel is not always the prerogative of a single person or entity. Whether by inheritance, joint purchase or operating arrangement, several people may find themselves co-owners of the same vessel. If this situation is not properly regulated, it can lead to deadlock, particularly when one or more of the parties involved is...Seizure of digital assets: domain names, cryptoassets and virtual goods
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesThe expansion of the digital economy has given rise to new forms of wealth. Domain names, cryptoassets, virtual goods in metavers: these dematerialised assets represent a very real economic value and, consequently, a major challenge for debt recovery. For creditors, understanding these intangible assets means...Seizure of business assets: goodwill and business licences
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesInitiating collection proceedings against a business debtor often involves targeting its most valuable assets. While the seizure of company shares is a well-known option, creditors may also be interested in other assets, such as the business goodwill or operating licences on which the business depends. However, the nature...Entering intellectual property rights: patents, trademarks and copyrights
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesPursuing the recovery of a debt often involves searching for seizable assets in the debtor's estate. While property assets and bank accounts spring to mind, intellectual property rights can also be of considerable value. Trademarks, patents and copyrights are just some of the...Seizure of shares and securities: understanding the stages of enforcement
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesThe seizure of company shares or securities is a particularly effective means of enforcement for creditors seeking to recover their debt. By directly targeting the assets held by the debtor in a company, this procedure makes it possible to freeze and then sell valuable assets. However, its...Seizure of partners' rights and securities: complex cases and limits on seizability
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesInitiating debt collection proceedings often involves seizing the debtor's assets. In addition to tangible assets, a person's or company's assets often include intangible rights, which can be of considerable value. The seizure of these assets, in particular shareholder rights and securities, can be an effective means of...Entering customer files: conditions, procedure and impact of the RGPD
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesIn today's economic landscape, a company's intangible assets represent a major part of its value. Among them, the customer file represents much more than a simple list of contacts: it is a strategic tool, the fruit of investment and commercial effort. When a company is in debt, its creditors may legitimately seek to...Capturing technical knowledge: trade secrets, topographies and plant varieties
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesWhen a company is in debt, its creditors legitimately seek to recover their funds by seizing its assets. The collective imagination immediately thinks of tangible assets such as vehicles, stock or property. However, a company's true value often lies in its intangible assets. Although these assets are not tangible, they can make the difference between...
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