By Raphaël MORENON
14 March 2025
An amicable sale before auction is often the preferred solution in property seizures. This mechanism allows the distrainee to sell its property on more favourable terms than in a compulsory sale. 1. Definition and legal framework The amicable sale with judicial authorisation, governed by the Code of Civil Enforcement Procedures, offers the seized debtor the possibility of avoiding the auction hearing by selling his property amicably rather than undergoing a forced sale. Article R 322-20 stipulates that this request may be made and judged even before service of the summons to appear at the orientation hearing. The debtor may also proceed with a private sale even after the case has been referred to a sale by auction, and until the auction opens. In this case, however, the debtor must obtain the agreement of his creditors, as the sale will not be carried out under the supervision of...
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