Seizure of property
Properties subject to seizure and their specific features in property seizure proceedings
By Raphaël MORENON24 June 2025The prospect of a property seizure is a considerable ordeal for any debtor. It represents the culmination of a debt recovery procedure and involves assets of major value, often emotional. Understanding which properties can actually be seized is an essential first step in understanding what is at stake and organising your defence. French law, through the Code of Civil Enforcement Procedures, does not put all property on an equal footing. The procedure itself, which it is essential to understand and analyse, depends closely on the nature of the property concerned. This complexity underlines the importance of accurately identifying the property, a step that conditions the validity of the entire procedure. A lawyer with expertise in property seizure is a key asset in ensuring that the debtor's rights are respected at every stage. The principle of the seizability of immovable property The basis of any seizure,...
The unenforceability of leases in foreclosure proceedings
Law of guarantees, securities and enforcement measures, Seizure of propertyThe Court of Cassation's response to the question of the unenforceability of mail in property seizures seems to be at odds with the provisions of the Code of Civil Enforcement Procedures. Here's where we stand. The unenforceability of leases under the French Code of Civil Enforcement Procedures Article L. 321-4 of the...The relative effect
Law of guarantees, securities and enforcement measures, Seizure of propertyIdentifying the owner of an immovable, on the one hand, and identifying an immovable, on the other, requires identifying the title by virtue of which the owner is the owner of the immovable. The concept of relative effect The deed recording a transfer of ownership must mention the relative effect, i.e. the deed by which the distrainee debtor became the owner of the...Jurisdiction of the enforcement judge with regard to seizures of immovable property
Law of guarantees, securities and enforcement measures, Seizure of propertyThe jurisdiction of the execution judge in matters of seizure of property has specific features that sometimes make it difficult to define. The jurisdiction of the enforcement judge The jurisdiction of the enforcement judge results from the third paragraph of article L. 213-6 of the Code of Judicial Organisation: "The judge...The land registry service for property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertySince the purpose of the property seizure procedure is to sell a property by public auction and distribute the proceeds to creditors, the issue of publication of the procedural documents in the property register held by the land registry service must be dealt with as soon as the...Texts applicable to property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe property seizure procedure is based on a disparate body of legislation, and there is no point in drawing up an exhaustive inventory at this stage. However, a few basic points need to be clarified. Reform and codification of the procedure for seizure of property The procedure for seizure of property was reformed by the Order...The writ of execution for seizure of property
Law of guarantees, securities and enforcement measures, Seizure of propertyImplementation of the property seizure procedure depends very much on the nature of the writ of execution in the creditor's possession. The writ of execution and the seizure of property The writ of execution is the document bearing the enforcement formula, which the court commissioner enforces. It should be remembered that it is necessary...Penalties for failure to declare the identity of the winning bidder
Law of guarantees, securities and enforcement measures, Seizure of propertyThe property seizure procedure was reformed by Ordinance no. 2006-461 of 21 April 2006 and its implementing decree no. 2006-936 of 27 July 2006, amended by decrees no. 2006-805 of 23 December 2006 and no. 2009-160 of 12 February 2009. The penalty for defaulting bidders...Property seizure appeal: is it too late to defend yourself?
Appeal, Law of guarantees, securities and enforcement measures, Seizure of propertyTo avoid having your property seized, you need to fight hard at first instance. By the time you appeal, it's too late. I. It's at first instance that it all comes down to it! Property seizure is a complex matter, and requires the involvement of competent professionals to understand the specifics and offer you the best...The lawyer's competence in property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe lawyer's jurisdiction in property seizures has a number of specific features that need to be clarified. Article R. 311-4 of the Code of Civil Enforcement Procedures states that "Unless otherwise provided, the parties are required to constitute a lawyer". Article...
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