Guarantees, securities and enforcement law
Protective measures: definition, distinction (seizures, securities), conditions and role of the jex
By Raphaël MORENON15 September 2025Worried about your creditor? Find out about protective measures! Prevent your debtor from organising his insolvency and secure payment of your debts.
Seizure of designs: procedure and issues
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesA design is much more than just an aesthetic creation. For a company, it is a strategic asset, part of its identity and a source of economic value. Like any asset, however, it can be the subject of enforcement action by a creditor seeking to recover...The subtleties of the seizure of movable tangible property: law, exceptions and disputes
Law of guarantees, securities and enforcement measures, Seizure of assetsThe seizure of tangible movable property is a procedure that enables a creditor to secure its claim by making the debtor's movable property unavailable. It is a preventive mechanism, a sort of asset "freeze", which anticipates any legal action or the obtaining of a writ of execution. And much more...Protective pledge of shares and securities: procedure, effects and conversion
Law of guarantees, security interests and enforcement measures, PledgingWhen a creditor seeks to secure the recovery of its debt, the rights that its debtor holds in a company are a prime target. The protective pledge of company shares or securities is an effective procedure for 'freezing' these assets pending a court decision....Pledging of business assets: constitution, publicity and issues
Law of guarantees, security interests and enforcement measures, PledgingWhen a claim appears to be under threat, creditors have a number of legal tools at their disposal to guarantee future payment. Within the panorama of legal securities under French law, the protective pledge of a business is a particularly effective measure. It makes it possible to take security over one of the company's most valuable assets,...Judicial conservatory mortgage: procedure, publicity and legal effects
Law of guarantees, security interests and enforcement measures, Judicial mortgageWhen a creditor has a claim that appears to be justified but has not yet been validated by a writ of execution, the wait can be a source of anxiety. The risk that the debtor will organise his insolvency by selling his property is a legitimate concern. Faced with this situation, the judicial conservatory mortgage proves to be a...Protection of the debtor's privacy in seizure proceedings: rights, limits and guarantees
Guarantees, securities and enforcement lawWhen a creditor seeks to recover a sum of money, seizure procedures can quickly become a source of anxiety for the debtor. The prospect of having a bailiff intervene in their personal sphere, or even in their home, raises legitimate questions about the protection of their privacy. If...Optimising the sale of foreclosed assets: out-of-court procedures to help debtors
Guarantees, securities and enforcement lawAn attachment procedure is often a dreaded ordeal, perceived as a total loss of control over one's assets. However, debtors are not helpless, and the law provides them with mechanisms to regain the initiative and protect their interests. Far from the image of a systematic public auction, the...Personal over-indebtedness and personal recovery: a second chance for debtors
Guarantees, securities and enforcement lawWhen individuals find themselves unable to meet their financial commitments, the law provides for a series of mechanisms designed to offer them a way out and to organise the resolution of their situation. Over-indebtedness is not an inevitability, but a legal situation, the treatment of which aims to...Unseizable income and assets: understanding the limits of creditors' action against debtors' assets
Guarantees, securities and enforcement lawThe principle is simple: a creditor in possession of a writ of execution may seize the debtor's assets to obtain payment of the debt. However, this prerogative is not absolute. The legislator has established a delicate balance between the creditor's legitimate right to recovery and the need to preserve the debtor's...Inalienability of property: beyond the principal residence, which assets are protected by law?
Guarantees, securities and enforcement lawThe fundamental principle governing debts in French law is the general right of lien of creditors. Anchored in Articles 2284 and 2285 of the Civil Code, this authorises a creditor to seize the debtor's assets to obtain payment owed to him. This power is...Protection of debtors in enforcement proceedings: rights, limits and remedies
Guarantees, securities and enforcement lawWhen a creditor seeks to recover a debt, he may resort to compulsory enforcement procedures, which are often perceived as a direct threat to the debtor's assets. However, French law has built in a series of safeguards to maintain a balance and prevent debt collection from leading to a situation of...Seizure of aircraft: procedure, conditions and recent developments
Guarantees, securities and enforcement lawSeizing an aircraft is a formidable procedure for a creditor and devastating for a debtor. Because of the considerable economic value of these assets and their great mobility, their forced immobilisation is a powerful lever in debt recovery. However, this measure is governed by a specific...Seizure of boats: procedure, conditions and special features
Law of guarantees, securities and enforcement measures, Seizure of shipsThe seizure of a boat, although less publicised than that of ships, is subject to an equally complex legal regime, a source of many questions for creditors and owners. Contrary to popular belief, the applicable rules are not simply a variation on those of maritime law. The...Judicial distribution of the sale price in a property seizure: operation and remedies
Law of guarantees, securities and enforcement measures, Seizure of propertyForeclosure is a complex procedure that culminates in the sale of the property. However, the sale is not the end of the process. There is then an equally decisive stage: the distribution of the price obtained among the various creditors. This phase, the sixth and final stage in the...Amicable distribution of the sale price during a property seizure: procedures and interests
Law of guarantees, securities and enforcement measures, Seizure of propertyThe distribution of the sale price of a seized property is the culmination of the seizure procedure. This is a delicate and decisive stage, both for the debtor, who sees his assets realised, and for the creditors, who are waiting to be paid. For non-experts, this phase may seem like a daunting...The third party holder and the real guarantor in property seizures: understanding their roles and protection
Law of guarantees, securities and enforcement measures, Seizure of propertyThe seizure of property is an enforcement measure with far-reaching consequences, which is not limited to the relationship between a creditor and his debtor. Other people, whose status and rights are often misunderstood, may find themselves involved when the seized property has been sold or assigned...Properties subject to seizure and their specific features in property seizure proceedings
Law of guarantees, securities and enforcement measures, Seizure of propertyThe prospect of a property seizure is a considerable ordeal for any debtor. It represents the culmination of a debt recovery procedure and involves assets of major value, often emotional. Understanding which properties can actually be seized is an essential first step in understanding what is at stake and what can be avoided.Pacte commissoire and judicial allocation: alternatives to seizure of property for creditors
Law of guarantees, securities and enforcement measures, Seizure of propertyWhen a creditor is faced with an unpaid debt, seizure of property is often seen as the most effective way of recovering the debt from the debtor's assets. However, although this procedure is effective, it is notoriously lengthy and complex. Faced with this situation, French law has...The performance bond: a sui generis personal guarantee for the performance of obligations
Guarantees, securities and enforcement lawThe execution surety, a mechanism that is often misunderstood by the general public, nevertheless represents a highly flexible personal guarantee. It forms part of an arsenal of protections available to creditors, as we discussed in our comprehensive guide to creditor guarantees in the law of obligations. Unlike security interests...Set-off, simple delegation and direct action: optimising the security of multi-debtor receivables
Guarantees, securities and enforcement lawWhen a company or an individual seeks to recover a debt, the situation becomes particularly complex when there are several parties involved. In addition to traditional instruments, the law of obligations contains ingenious mechanisms designed to navigate triangular configurations in which debts and claims are intertwined. These tools, although...
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