Guarantees, securities and enforcement law
Petition in civil proceedings: conditions of validity, compulsory information (art. 54 & 57 cpc) and sanctions
By Raphaël MORENON1 April 2026Taking a case to court is complex. Find out how to draw up a valid civil claim to protect your rights in France, avoid costly mistakes and save time. An accessible practical guide.
Maritime liens: understanding these priority guarantees on ships
Law of guarantees, securities and enforcement measures, Maritime mortgagesIn the wake of the maritime mortgage, another category of guarantees specific to the naval world plays an essential role: maritime liens. Less well known to the general public, they are no less formidable for the creditors who benefit from them. Unlike a mortgage, which arises from a contract, a lien is...Understanding the maritime mortgage: an essential guarantee for ships
Law of guarantees, securities and enforcement measures, Maritime mortgagesThe maritime world fascinates, with its ships criss-crossing the oceans for trade or leisure. But behind the image of adventure, a ship represents above all a considerable investment and a major economic asset. Like any valuable asset, it can be used as collateral to obtain financing. For creditors...Immunities from execution: when recovery comes up against the wall of sovereignty
Guarantees, securities and enforcement lawYou won your case. The judge has ruled in your favour. You have a writ of execution. However, your debt remains unpaid because the debtor has immunity from enforcement. This paradoxical situation deserves a closer look. What is immunity from execution? Immunity from execution is a privilege that allows certain legal entities...Cross-border enforcement and exequatur of foreign judgments
Guarantees, securities and enforcement lawWinning a case does not guarantee payment. This situation is exacerbated when the debtor or his assets are located abroad. Exequatur under French common law Exequatur transforms a foreign judgment into an enforceable title in France. This process is based on article 509 of the Code of Civil Procedure: "judgments...Enhanced ownership-security: trusts, assignment of receivables and new guarantees
Guarantees, securities and enforcement lawLast update: 26 March 2026 - Integration of property pledges and property security trusts The reform of security law strengthens property-based mechanisms. Ordinance 2021-1192 of 15 September 2021 extends their scope. These guarantees offer a decisive advantage: the right to...The right to enforcement of judgments and deeds: foundations and limits
Guarantees, securities and enforcement lawWinning a case is only half the battle. Without effective enforcement of the decision obtained, the victory remains symbolic. The right to enforcement represents the bridge between a favourable decision and its actual implementation. A fundamental right enshrined in the ECHR The right to enforcement has...Legal mortgages and liens on real estate: key changes
Law of guarantees, security interests and enforcement measures, Security interests in immovable propertyLast update: 26 March 2026 - integration of the judicial conservatory mortgage and the discharge procedure The reform of the law on securities introduced by Order no. 2021-1192 of 15 September 2021 has radically changed the landscape of real estate guarantees. Special real estate liens will be replaced by legal mortgages....Enforceability formula and conditions for enforcing judgments
Guarantees, securities and enforcement lawWinning your case in court is not enough. The decisive factor in transforming a judgement into an enforcement tool is the executory clause. This legal "sesame", which is affixed to court decisions, requires the public authorities to assist with enforcement. The content of the executory clause The...Payment deferrals and debt adjustment: how to negotiate with your creditors
Guarantees, securities and enforcement lawTemporary inability to pay debts does not necessarily mean immediate seizure of your assets. French law offers a number of mechanisms that allow debtors in difficulty to breathe easy financially while protecting the interests of creditors. The grace period: a judicial breath of fresh air Conditions for granting the grace period...Seizure by declaration: procedure and legal effects
Law of guarantees, securities and enforcement measures, Seizure of motor vehiclesCars are often a significant part of a debtor's assets, making them a prime target for creditors. The law has developed specific enforcement mechanisms tailored to these valuable mobile assets. Among these, seizure by declaration represents an effective intellectual measure, distinct from the physical immobilisation of the vehicle. 1 Origins...Court-ordered mortgages: legal and conservatory mortgages
Law of guarantees, security interests and enforcement measures, Security interests in immovable propertyThe world of mortgages is not limited to the guarantees voluntarily given as part of a property loan. In some cases, a court ruling can be the very source of a mortgage, transforming a recognised claim into a solid right over your debtor's assets. Similarly, it is sometimes possible...Terminating a mortgage: payment, discharge and other causes of extinction
Law of guarantees, security interests and enforcement measures, Security interests in immovable propertyA mortgage is not set in stone for eternity. Like any debt-related security, it has a lifespan, and a number of events can bring it to an end. Beyond its creation and initial registration, understanding how a mortgage is extinguished is essential. Whether you finally...Effectiveness of securities in insolvency proceedings: how to make the right choice?
Guarantees, securities and enforcement lawA debtor's default threatens your claims. Collective procedures - safeguard, reorganisation, judicial liquidation - limit your rights to take legal action. In this context, not all securities are created equal. Some are resilient, others collapse. One thing is clear: the majority of creditors recover less than 10% of their claims in...Security interests and the suspect period: the risks of cancellation prior to insolvency proceedings
Guarantees, securities and enforcement lawThe opening of insolvency proceedings, whether a receivership or compulsory liquidation, marks a difficult turning point for a company and its creditors. But did you know that the effects of these proceedings can go back in time? Acts carried out just before the decision to open proceedings, in particular the provision of guarantees (securities),...The immovable mortgage: understanding the basics and the importance of advertising
Law of guarantees, security interests and enforcement measures, Security interests in immovable propertyHypothec is a term you hear a lot, whether in connection with a mortgage, securing a business debt or even in certain disputes. But what does this legal concept really mean? More than just a word, it is a powerful mechanism that is essential for securing large debts. To find out more...Collective proceedings and publication of security interests: the importance of registration and its limits
Guarantees, securities and enforcement lawObtaining security over your debtor's assets, such as a mortgage on a building or a pledge over his business, is an important step in securing your receivables. In this way, you think you are protected in the event of default. But having security is not always enough. To ensure that it...Setting up and registering a mortgage: the key stages in securing a debt
Law of guarantees, security interests and enforcement measures, Security interests in immovable propertySetting up a mortgage can seem like a journey fraught with administrative and legal pitfalls. However, although it requires rigour and precision, the creation and registration of a mortgage follows a well-defined logic and stages. Understanding immovable property mortgages, their basic principles and the importance of publicising them is essential to...Sale of the assets of a company in difficulty: what consequences for your security interests?
Guarantees, securities and enforcement lawImagine you have a mortgage on a building or a pledge on a company's business as security for a major loan. Unfortunately, the company runs into serious difficulties and is subject to insolvency proceedings. Then you learn that the property on which your guarantee is based is going to be sold,...Owner of a mortgaged property: what are your rights and obligations?
Law of guarantees, security interests and enforcement measures, Security interests in immovable propertyOwning a property that is subject to a mortgage is a common situation, whether you have taken out a loan secured by the property yourself, or whether you have acquired a property that is already subject to a mortgage. While a mortgage does not dispossess you of your property, it does create a framework...Unpaid mortgage: the creditor's rights (preferential and resale rights)
Law of guarantees, security interests and enforcement measures, Security interests in immovable propertyA mortgage is a valuable guarantee for a creditor. But what happens in practice if the secured debt is not repaid on the due date? What levers does the creditor have at his disposal to recover the sums owed to him thanks to this property security? Far from being a mere mention...
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