Guarantees, securities and enforcement law

  • Special real estate liens: a historical overview and their future after the reforms

    By Raphaël MORENON
    17 July 2025
    Security interests, legal mechanisms designed to guarantee payment of a debt, are a cornerstone of the security of economic transactions. For a long time, special liens on immovable property were a special category of security, directly attached to certain immovable assets of the debtor. Historically, they offered formidable protection to specific creditors because of the nature of their claim. However, the landscape of these guarantees has been profoundly reshaped by successive reforms, culminating in a major transformation in 2021. Understanding what these liens were and what they are becoming is essential for all economic players, whether sellers, lenders or entrepreneurs. This article is part of a general presentation of property security interests and aims to shed light on the nature and development of these specific guarantees. Navigating the intricacies of property security law requires specialised expertise, an area in which our firm has developed a particular expertise...
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