Guarantees, securities and enforcement law

Guarantees, securities and enforcement law, Auctions

To understand auctions in their entirety, it is essential to be familiar with their principles and definitions. More specifically, sales by auction are governed by a precise legal framework. The players and procedures vary depending on whether the sale is voluntary or legal. Here's what you need to know about...

Law of guarantees, securities and enforcement measures, Provisional enforcement

In a legal environment where procedural deadlines are getting longer, provisional enforcement is a key tool for litigants. This option allows creditors to obtain satisfaction without waiting for the final outcome of a dispute. What is provisional enforcement? Provisional enforcement is defined as «the right granted to the successful party - the creditor - to obtain satisfaction...

Law of guarantees, securities and enforcement measures, Enforcement judge

Mastering the procedure before the enforcement judge (JEX) is a decisive asset in winning your case. This specialised court, created by the law of 9 July 1991, deals with all enforcement disputes. Its procedure is governed by specific rules that you should be familiar with to avoid any pitfalls.

Law of guarantees, securities and enforcement measures, Provisional enforcement

Your opponent has obtained a judgment and can have it enforced immediately, even before the Court of Appeal has given its ruling. Since 1 January 2020, this has been the rule: all first instance decisions are enforceable by operation of law on a provisional basis. An appeal no longer suspends anything - with certain exceptions....

Law of guarantees, securities and enforcement measures, Provisional enforcement

The principle of the suspensive effect of ordinary remedies is one of the pillars of French private judicial law. However, provisional execution is an exception to this principle, allowing a decision to be enforced immediately despite an appeal or opposition. This derogation is not insignificant: it considerably alters the balance of power between the parties...

Law of guarantees, security interests and enforcement measures, Security interests in movable property

When it comes to credit, not all creditors are in the same boat. When several creditors come forward at the same time to be paid, the question of ranking becomes decisive. The ranking of movable securities is one of the most technical issues in securities law - and potentially one of the most...

Law of guarantees, security interests and enforcement measures, Security interests in movable property

Last update: 25 March 2026 - incorporation of the general classification of sureties and the contributions of the 2006 and 2021 reforms French law distinguishes between two main categories of sureties: personal sureties (surety bond, autonomous guarantee, letter of intent - art. 2287-1 C. civ.), where an individual...

Astreinte, Law of guarantees, securities and enforcement measures

The astreinte is a fundamental legal tool for forcing a debtor to fulfil his obligations. However, its application varies from one area of law to another. Certain derogatory regimes significantly modify its operation, liquidation and effects. Let's take a look at the specific features of astreinte in eviction, criminal law, administrative law and civil law.

Astreinte, Law of guarantees, securities and enforcement measures

A court has ordered your debtor to comply with a penalty payment, but nothing has happened. What can you do about it? The astreinte is only a financial threat until it is liquidated. This decisive step transforms the astreinte into a payable debt. Conditions for liquidation Who can request liquidation? Only the beneficiary of the...

Astreinte, Law of guarantees, securities and enforcement measures

The astreinte is a formidable tool in the French legal arsenal. This indirect coercive measure is designed to encourage a debtor to fulfil his obligations under the threat of a financial penalty. Unlike damages, an astreinte has a coercive rather than remedial function. Who can impose an astreinte? How is it...

Law of guarantees, securities and enforcement measures, Counterfeit seizure

Last update: 25 March 2026 - consolidation and enrichment of the article (jurisdiction, request, additional measures) Seizure for infringement is the main evidentiary tool used by intellectual property rights holders under French law. It enables evidence to be collected by a bailiff authorised by court order...

Law of guarantees, securities and enforcement measures, Counterfeit seizure

Seizure is only a preliminary stage in the fight against counterfeiting. This procedure, which enables evidence to be collected, must imperatively be followed by an action on the merits. The legislator has strictly circumscribed this obligation in order to avoid any abuse. The obligation to bring an action on the merits Strict deadlines for...

Law of guarantees, securities and enforcement measures, Counterfeit seizure

Counterfeit seizure is a particularly intrusive evidentiary procedure. It makes it possible to obtain proof of infringement, but its non-adversarial nature can lead to abuse. What remedies are available to challenge these measures? How can you react effectively when you are the target of this procedure, particularly with the help of a lawyer who is an expert in enforcement procedures?

Law of guarantees, securities and enforcement measures, Seizure of standing crops

The seizure of standing crops is a special form of movable property seizure that is rarely used in practice. This procedure requires compliance with specific formalities to ensure its validity. Let's take a look at the key stages of the procès-verbal, how it is served and how the seized assets are managed. The procès-verbal of...

Law of guarantees, securities and enforcement measures, Seizure of standing crops

Seizure of standing crops is a special form of enforcement. It allows a creditor in possession of a writ of execution to seize fruit and crops even before they have been separated from the soil. This procedure is governed by precise rules. Criteria for seizing crops Not all crops can be seized....

Law of guarantees, securities and enforcement measures, Seizure of standing crops

The world of enforcement involves some little-known procedures. One of these is the seizure of standing crops. Yet this rare procedure deserves our attention. It bears witness to a legal system adapted to the specific features of agriculture. After seizure, the question of the 1 also raises specific issues. Definition and legal framework...

Law of guarantees, securities and enforcement measures, Seizure of assets placed in a safe deposit box

When a creditor wishes to recover a debt, seizing assets placed in a safe is an option. This particular procedure requires mastery of specific rules if it is to be carried out correctly. For in-depth legal expertise and tailor-made assistance with enforcement procedures, we recommend...

Law of guarantees, securities and enforcement measures, Seizure and attachment

When property is not in your hands, recovering it can be a tricky business. Seizure and attachment are legal tools for recovering movable property. But these procedures come up against various obstacles that can compromise their effectiveness. Obstacles linked to the right of ownership The rule...

Law of guarantees, securities and enforcement measures, Seizure and attachment

Disputes over the ownership or possession of movable property can become complex. When an item belongs to you but ends up in the hands of a third party, there is a specific procedure to protect your rights: seizure and reclamation. Although little known to the general public, this protective measure is a powerful legal tool...

Law of guarantees, securities and enforcement measures, Seizure and attachment

Have you entrusted a valuable item to someone who refuses to return it? Have you bought something and the seller is not delivering it? The injunction to deliver or return procedure is an effective way of quickly obtaining a writ of execution. It allows you to...