Seizure of assets placed in a safe
The bank safe deposit box contract: legal aspects and implications for seizures
By Raphaël MORENON20 March 2025html Who hasn't wondered about the legal status of a bank safe deposit box? Far from being a simple rented space, this banking service is subject to a complex legal regime, particularly in the event of seizure by a creditor. Here's how it works. The legal nature of a safe-deposit box contract A safe-deposit box contract provides a customer with a secure space in which to deposit valuables or objects, in return for payment. In a judgment of 2 June 1993, the Court of Cassation described it as a "custody contract" (Civ. 1re, 2 June 1993, no. 91-10.971, RTD civ. 1994. 389, Zenati commenting). It is not a deposit contract. The banker is unaware of the contents of the safe deposit box and cannot be regarded as the holder of the assets deposited there. According to the First Civil Chamber of the Court of Cassation, this is a "provision of services in return for remuneration" (Civ. 1re, 30 June 2004, no. 01-00.475, Bull. civ....
Seizing assets in a safe deposit box: procedure and issues
Law of guarantees, securities and enforcement measures, Seizure of assets placed in a safe deposit boxThe seizure of assets placed in a safe is a particular operation of enforcement law. Although little known, this procedure is governed by specific rules that are of practical interest to creditors. 1 Framework and conditions for precautionary seizure Precautionary seizure enables the creditor to place the...Seizure of assets in a safe deposit box
Law of guarantees, securities and enforcement measures, Seizure of assets placed in a safe deposit boxA creditor may find himself in a situation where a debtor is hiding his valuables in a safe. The seizure and attachment procedure offers a solution. Legal framework for seizure and attachment Seizure and attachment applies when a creditor seeks to recover a specific asset rather than to obtain payment of a sum...Seizure and sale of assets placed in a safe deposit box
Law of guarantees, securities and enforcement measures, Seizure of assets placed in a safe deposit boxWhen a creditor seeks to recover his debt, the seizure of assets in a safe represents a special enforcement procedure. This enforcement technique is subject to strict rules to protect the rights of both the creditor and the debtor. 1. Specific features of seizure for sale in a...Seizing assets placed in a safe: basic principles
Law of guarantees, securities and enforcement measures, Seizure of assets placed in a safe deposit boxWhen a creditor wishes to recover a debt, seizing assets placed in a safe is an option. This particular procedure requires mastery of specific rules in order to be carried out correctly. For in-depth legal expertise and tailor-made assistance with enforcement procedures, we recommend...
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