Guarantees, securities and enforcement law
Attachment of claims against a legal entity governed by public law: procedure, conditions and reforms 2025
By Raphaël MORENON21 November 2025Unpaid public debt? Yes, it is possible to recover your money from the State or a local authority! Our guide explains the key French procedure.
Security law and insolvency proceedings: changes introduced by the Order of 15 September 2021
Guarantees, securities and enforcement lawSecurity interests are designed to protect creditors in the event of the debtor's default. Insolvency proceedings have a different objective: to safeguard the company, maintain its activity and organise collective repayment. These two approaches have always clashed. Ordinance 2021-1193 of 15 September 2021, enacted on the basis of the PACTE Act of...Real security for third parties: a renaissance of real surety?
Law of guarantees, security interests and enforcement measures, Security interests in immovable propertyFor a long time, the legal classification of security in rem constituted to guarantee the debt of another person has been the subject of major controversy in French law. Traditionally referred to as "real surety", this practice enabled a third party to guarantee the principal debtor's debt by assigning property belonging to him, or to a third party....The revolution in property security: disappearance of special liens and reform of mortgages
Law of guarantees, security interests and enforcement measures, Security interests in immovable propertyProperty security is the cornerstone of real estate lending, for both individuals and businesses. Order no. 2021-1192 of 15 September 2021 radically overhauled this essential area of security law, making structural changes including the outright abolition of real estate liens...The basics of seizing land motor vehicles
Law of guarantees, securities and enforcement measures, Seizure of motor vehiclesYour creditor has obtained a judgment and is threatening to seize your car. Or you are a creditor and are looking for the most effective way of recovering your debt. The French Code of Civil Enforcement Procedures (CPCE) provides for two separate mechanisms for seizing a land motor vehicle: a declaration to the prefecture...The enforcement judge (JEX): who is he and what are his powers?
Law of guarantees, securities and enforcement measures, Enforcement judgeHave you won your case, but the opposing party refuses to enforce the judgment? Has your debtor failed to pay despite a court ruling in your favour? The enforcement judge (JEX) is the institutional response to these situations. This specialised court is an essential part of the judicial system...Vehicle seizure: full procedure depending on your status as a creditor
Law of guarantees, securities and enforcement measures, Seizure of motor vehiclesSeize a vehicle to obtain payment of a debt. Recover a car financed on credit. Exercising your right of lien on an unpaid vehicle. Three situations, three different legal systems, one single objective: to ensure that your rights are respected. The Code of Civil Enforcement Procedures (CPCE) sets out two complementary mechanisms:...The JEX and precautionary measures: how to protect your claims
Law of guarantees, securities and enforcement measures, Enforcement judgeWhen your debtor is in danger of becoming insolvent, every day counts. Protective measures allow you to freeze your debtor's assets or claims to guarantee payment of your debt. The enforcement judge (JEX) plays a central role in these preventive measures. Authorisation for precautionary measures Conditions required To obtain a precautionary...The competitive and ancillary activities of the commissaire de justice
Commissaire de justice, Guarantees, securities and enforcement lawThe judicial commissioner carries out many more tasks than those for which he is usually known. To gain a better understanding of the wide range of their duties, we need to look back at the creation of this profession, which resulted from the merger of bailiffs and auctioneers. Behind the image of the...Claims for compensation before the JEX: how to obtain damages
Law of guarantees, securities and enforcement measures, Enforcement judgeWhen an enforcement procedure goes wrong, the enforcement judge (JEX) can order the offending party to pay compensation for the damage caused. These prerogatives, set out in article L.213-6 of the Code of Judicial Organisation, provide an effective remedy for victims of abusive or damaging enforcement. Wrongful execution: a costly risk A...The European Enforcement Order: a little-known tool with formidable effects
Law of guarantees, securities and enforcement measures, European Enforcement OrderWhen it comes to cross-border debt recovery, the European Enforcement Order is a particularly effective legal instrument, but its subtleties are often unfamiliar to creditors and debtors alike. Introduced by Regulation (EC) No 805/2004 of 21 April 2004, this mechanism radically changes the way in which enforcement decisions are made.The European Enforcement Order: understanding this cross-border debt collection mechanism
Law of guarantees, securities and enforcement measures, European Enforcement OrderYour company has a claim against a debtor established in another Member State of the European Union. The court order has been issued, but the debtor's assets are in Germany, Italy or Spain. How can you enforce the judgment without starting new proceedings abroad?...The powers of the JEX with regard to enforceable titles
Law of guarantees, securities and enforcement measures, Enforcement judgeYou won your case. The judgment is in your favour. Now comes the crucial stage: enforcement. But your debtor is contesting. What can the enforcement judge do? The judge's powers are extensive but strictly regulated by law. Examination of difficulties relating to enforceable titles The JEX...Challenging a JEX decision: appeal procedures
Law of guarantees, securities and enforcement measures, Enforcement judgeLosing before the enforcement judge (JEX) is not an end in itself. The law provides for effective remedies against his decisions, in line with the foundations of civil procedure law and respect for the right to an effective remedy protected by the European Convention on Human Rights....Auctions of boats, ships and aircraft: procedures and legal particularities
Guarantees, securities and enforcement law, AuctionsBuying a pleasure boat, merchant ship or aircraft by auction can be an excellent opportunity. However, these procedures, which come under the heading of sales by movable auction, are governed by complex legal rules that are often unfamiliar to the general public. Whether it is a forced sale after...The legal framework for furniture auctions: what you need to know
Guarantees, securities and enforcement law, AuctionsPublic auctions, with their characteristic ritual and the hammer that seals the deal, fascinate as much as they question. The legal framework surrounding auctions has changed radically in recent years. Since 2011, the field has been liberalised, opening up new possibilities while maintaining the necessary framework. Recent developments in the...The territorial jurisdiction of the JEX: which judge to refer to and where?
Law of guarantees, securities and enforcement measures, Enforcement judgeChoosing the right Juge de l'Exécution (JEX) can make the difference between an effective procedure and a costly and time-consuming rejection. The territorial jurisdiction of the JEX is governed by specific rules that you need to master to maximise your chances of success. The principle of the jurisdiction option...Stay of execution: how do you suspend the effects of a JEX decision?
Law of guarantees, securities and enforcement measures, Enforcement judgeYou have just lost before the enforcement judge (JEX). You think the decision is questionable and you want to appeal. Problem: this appeal has no suspensive effect. The decision remains immediately enforceable, with potentially irreversible consequences. A stay of execution is therefore your last resort to avoid enforcement...Creditors' general right of lien: principles and limits
Law of guarantees, security interests and enforcement measures, Security interests in movable propertyThe general right of lien is the cornerstone of the legal system protecting creditors. This mechanism, which is sometimes misunderstood, ensures a balance between the security of transactions and the rights of debtors. Its practical application raises a number of questions that merit analysis. The legal framework of the general right of pledge The general right of p...Repeat auctions: mechanism and consequences
Guarantees, securities and enforcement law, Auctions1. Principle and definition of the reiteration of bids Terminological evolution: from "folle enchère" to reiteration The reiteration of bids replaced the term "folle enchère" when the seizure of property procedure was reformed by Order no. 2006-461 of 21 April 2006. In the past, this term referred to...Electronic auctions - procedures and particularities
Guarantees, securities and enforcement law, Auctions1. Legal framework for electronic auctions Legal definition Article L. 321-3, paragraph 1, of the French Commercial Code defines an electronic auction as "the act whereby an agent offers an item for remote public auction by electronic means in order to sell it to the highest bidder". This...
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