By Raphaël MORENON
19 March 2025
Before we look at how intangible rights can be seized, it is essential that you gain a better understanding of what intangible rights are, how they are defined and what they cover. The seizure of intangible rights has two distinct faces: enforceable or protective. These two procedures meet different needs and are used in specific contexts. Two approaches, two objectives Enforceable attachment aims to sell the debtor's intangible rights in order to pay the creditor. A conservatory attachment merely seeks to make them temporarily unavailable. One is definitive, the other provisional. These principles apply in particular to partnership rights and securities, the seizure of which presents specific issues. Enforceable seizure: powerful but demanding Strict conditions Mandatory writ of execution (judgement, notarial deed) Liquid and payable claim Compliance with legal time limits Formal procedure Service on the third party holder Notification to the debtor within 8 days Immediate unavailability of rights Sale possible after one month For a more detailed overview...
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