By Raphaël MORENON
The 27 March 2025
A ruling by the Court of Cassation on 6 February 2025 (Cass. 2e civ., 6 févr. 2025, n° 22-17.249, Publié au bulletin) redefines the legal nature of challenges to acts of seizure of intangible rights. Legal classification clarified The Second Civil Chamber settles a technical but crucial issue. The nullity of a writ of attachment of intangible rights does not constitute a procedural exception. This qualification frees debtors from a major procedural constraint: they can now challenge the validity of the deed at any time, without being obliged to do so before any defence on the merits. The judgment specifically states that «the plea of nullity of the report of seizure of intangible rights does not constitute a procedural objection within the meaning of article 73 of the Code of Civil Procedure». A solution based on the nature of enforcement proceedings The Court relies on a fundamental distinction. Seizure of movable property remains a...
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