Seizure of property

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  • Property seizure: the description of the premises must include the legal aspects of the property, according to the Court of Cassation

    By Raphaël MORENON
    28 March 2025
    Guarantees, securities and enforcement law, Seizure of property
    The First Civil Chamber of the French Supreme Court has just clarified the scope of the obligations of the court commissioner when drawing up a description report in the context of a property seizure. In a ruling handed down on 26 June 2024 (Cass. 1re civ., 26 June 2024, no. 23-13.236, published in the Bulletin), it unambiguously states that the description of the premises "must necessarily include the legal situation of the property" and must include "the encroachment of a property onto an adjoining parcel". This decision strengthens the requirements placed on the professionals responsible for this essential formality. The description report: a crucial stage in a property seizure The purpose of a property seizure is to sell a property belonging to a defaulting debtor by auction in order to pay off creditors. Article L. 311-1 of the Code des procédures civiles d'exécution (CPCE) defines it as involving "the forced sale of the property to which it relates, with a view to...
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