Guarantees, securities and enforcement law

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

Recovering property that has not been returned or delivered is often a legal headache. How do you repossess a vehicle that has not been returned after a loan? How do you recover equipment you own? Seizure and attachment is the legal solution for recovering these assets. We take a closer look at this little-known legal mechanism. What is a...

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

When it comes to debt collection, seizure is an invaluable tool. Far from being a trivial measure, it allows you to temporarily freeze a debtor's assets without waiting for a writ of execution. This procedure is a response to the urgency of a situation where the debtor's assets could evaporate. Here's how it works.

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

In an economic world where financial assets play a predominant role, creditors must adapt their collection strategies. Shares and other financial instruments often represent a substantial proportion of debtors' assets. Knowing how to seize them can prove decisive in securing payment of a debt. The...

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

As a creditor, how do you protect your rights when your debtor owns assets abroad? Precautionary measures offer a practical solution, but their international implementation raises complex issues. 1 Securing your international receivables Precautionary measures make it possible to secure a receivable by making it...

Law of guarantees, securities and enforcement measures, Attachment of assets

Attachment is a formidable mechanism for creditors with a writ of execution. This procedure makes it possible to obtain rapid payment of a debt by blocking the sums owed to the debtor by a third party. Its legal effects are immediate and far-reaching, but it is subject to a system of contestation that guarantees the...

Law of guarantees, securities and enforcement measures, Attachment of assets

Attachment for payment, a formidable enforcement procedure because of its immediate effect on claims, raises thorny issues in certain situations. After reviewing the basic principles and standard procedures of attachment for payment, this article looks at situations that require particular attention. 1. Attachment of assets and insolvency proceedings The...

Law of guarantees, securities and enforcement measures, Attachment of assets

Some debts are resistant to attachment. Even with a writ of execution in your pocket, you could come up against some solid legal obstacles. To help you understand how this procedure works in general, here's a look at the world of unavailable and unattachable debts. Unavailable debts The fact that a debt is unavailable is a...

Law of guarantees, securities and enforcement measures, Attachment of assets

The encounter between a seizure-attribution procedure and the opening of collective proceedings, whether safeguard, reorganisation or judicial liquidation, creates a major area of legal friction. It pits the law of enforcement, which is designed to enable a creditor to recover his debt, against the law...

Law of guarantees, securities and enforcement measures, Attachment of assets

Attachment is a powerful tool for recovering debts. However, certain atypical situations can complicate its implementation. An experienced practitioner needs to be familiar with these special situations to avoid procedural pitfalls and fully master the general operation of attachment for payment. 1. Seizure on oneself: a mechanism...

Law of guarantees, securities and enforcement measures, seizure and sale

Your creditor threatens to repossess your furniture. Or, conversely, your debtor refuses to pay despite a court order. Seizure and sale is a procedure that allows a creditor with a writ of execution to seize and sell the debtor's tangible assets in order to pay...

Law of guarantees, securities and enforcement measures, seizure and sale

Seizure and sale is a procedure whereby a creditor in possession of a writ of execution can sell the debtor's tangible assets and obtain payment from the proceeds. This compulsory execution measure, provided for in articles L. 221-1 et seq. of the Code des procédures civiles d'exécution (CPC exéc.), raises...

Law of guarantees, securities and enforcement measures, seizure and sale

A vehicle often represents an accessible asset for a creditor seeking to recover a debt. The seizure and sale procedure has its own special features when it comes to land-based motor vehicles. There are a number of rules governing this procedure, ranging from relative unseizability to specific practical arrangements. The seizability of the vehicle The seizability of a vehicle...

Law of guarantees, securities and enforcement measures, seizure and sale

Seizure and sale, a compulsory execution procedure enabling a creditor to sell the debtor's movable property, is not immune from incidents. Among the most sensitive are disputes over the ownership of the goods seized. From misidentification, to situations where the debtor lives with the debtor, such as...

Law of guarantees, securities and enforcement measures, seizure and sale

Seizure and sale often places creditors in a competitive situation. How do you divide up the spoils when several creditors are after the same debtor's assets? This question, far from being theoretical, arises daily in the French courts. In the past, the adage «seizure upon seizure is worthless» meant that the second creditor had to wait until the...

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

Security law organises competition between creditors. Who will be paid first if the debtor cannot honour all his debts? This is not a theoretical question. It determines the very effectiveness of the collateral and, for the owners of mortgaged assets, their rights and obligations. Why classify securities...

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

Last update: 26 March 2026 - consolidation with the article on property security Your bank requires a mortgage on your property to grant you a loan. Your creditor is threatening to repossess your home. Or, on the other hand, you are looking for the best guarantee to secure a debt...

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

Definition and basis of property liens A property lien is a legal security interest. It confers a preferential right over the sale price of the debtor's property. What makes it special is that it does not have to be registered with the Land Registry. Liens are based on the quality of the claim. The legislator...

Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securities

Last update: 27 March 2026 - consolidation of the intangible rights cluster (5 articles merged) Your debtor does not have a bank account that can be garnisheed or a property that can be seized, but he does have shares in a property investment company (SCI), a portfolio of patents or high-value domain names? These...

Bonding, Guarantees, Securities and Enforcement Law

Surety bonds are still one of the most widely used forms of security in our economy. This guarantee, under which one person undertakes to pay the debt of another in the event of default, offers various forms of protection depending on the guarantor's profile. Let's take a look at these protective mechanisms, which have proliferated over the...

Bonding, Guarantees, Securities and Enforcement Law

Surety bonds, a cornerstone of surety law, always expire eventually. This personal guarantee can disappear in two distinct ways: as an accessory or as a principal guarantee. Understanding these mechanisms is essential for creditors and guarantors alike. Our lawyers can provide you with legal expertise in this area...