By Raphaël MORENON
31 August 2024
As part of the property seizure procedure, third parties to the procedure must be informed that an auction is going to take place. The tenant or occupant in good faith The tenant or occupant in good faith must be informed of the auction at least 1 month before it takes place. Failing this, they may take the place of the successful bidder within one month of finding out about the auction. Please note, however, that this option is reserved for the first tenant who comes after the initial division of the property. In practical terms, this means that the right of substitution is only available to the first tenant after the co-ownership was created. This rule stems from the Court of Cassation's very restrictive interpretation of the applicable texts (Cass. 3e civ., 26 Nov. 2013, no. 12-25.412, Bull. 2013, III, no. 151). The rural leaseholder The lawyer for the pursuing creditor must inform the registry of...
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