Seizure of standing crops
The sale of seized crops: practicalities and incidents
By Raphaël MORENON20 March 2025Enforcement against agricultural assets poses particular challenges. The sale phase, particularly for crops, requires a procedure tailored to their maturation cycle. The seizure of standing crops, which precedes the sale stage, is governed by a specific legal mechanism, conditions and particularities. Alternative between amicable sale and forced sale The seizure of standing crops follows the general rules for seizure and sale, with some adjustments. The debtor has an important choice: to proceed with the amicable sale himself or to undergo an auction. The amicable sale mechanism The Code of Civil Enforcement Procedures allows debtors to sell seized crops themselves. Article R. 221-30 gives the debtor a period of one month from notification of the seizure report. This period is extended by 15 days to give the creditor the opportunity to give an opinion on the...
The procedure for seizing standing crops: essential formalities
Law of guarantees, securities and enforcement measures, Seizure of standing cropsThe seizure of standing crops is a special form of movable property seizure that is rarely used in practice. This procedure requires compliance with specific formalities to ensure its validity. Let's take a look at the key stages of the procès-verbal, how it is served and how the seized assets are managed. The procès-verbal of...Which crops can be seized and when?
Law of guarantees, securities and enforcement measures, Seizure of standing cropsSeizure of standing crops is a special form of enforcement. It allows a creditor in possession of a writ of execution to seize fruit and crops even before they have been separated from the soil. This procedure is governed by precise rules. Criteria for seizing crops Not all crops can be seized....Seizure of standing crops: mechanism, conditions and legal particularities
Law of guarantees, securities and enforcement measures, Seizure of standing cropsThe world of enforcement involves some little-known procedures. One of these is the seizure of standing crops. Yet this rare procedure deserves our attention. It bears witness to a legal system that is adapted to the specific characteristics of agriculture. After seizure, the question of selling seized crops also raises specific issues. Definitions
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