By Raphaël MORENON
24 June 2025
When a creditor is faced with an unpaid debt, seizure of property is often seen as the most effective way of recovering the debt from the debtor's assets. However, although this procedure is effective, it is notoriously lengthy and complex. Faced with this situation, French law, particularly since the 2006 reform of security law, has introduced alternative mechanisms enabling mortgagees to obtain ownership of the property used as collateral, without having to go through a compulsory auction. These two options, designed to offer a more direct outcome, are the commissory agreement and judicial allocation. However, their use is strictly regulated to protect the debtor. The use of these alternatives to seizure of property requires an in-depth analysis of the legal conditions and practical consequences of each option. Alternatives to seizure of property: presentation The reform of the law on securities...
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