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Special movable mortgages: focus on river vessels and aircraft
By Raphaël MORENON17 July 2025Under French law, the principle is clear: movable property cannot be mortgaged. This rule, summarised by the adage "meubles n'ont pas de suite par hypothèque", is justified by the very nature of these assets. Their mobility makes it difficult, if not impossible, to organise a reliable publicity system to inform third parties of the existence of a security interest. In addition, the protection of bona fide purchasers, enshrined in article 2276 of the Civil Code, which states that "in the case of movable property, possession is equivalent to title", is an obstacle to the right of resale, an essential prerogative of any mortgage. However, given the growing economic importance of certain movable assets, the legislator has had to create exceptions. For high-value assets that are sufficiently individualised and identifiable to allow some form of registration, special movable mortgage systems have been introduced. These special securities mainly concern ships, inland waterway vessels and aircraft. They...
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> The practice of seizing propertyA practical, chronological and exhaustive study of the implementation of a property seizure procedure.
We put all our expertise to work to achieve a simple objective: to prevent a property seizure.
Identifying the seized debtor in property seizures
When it comes to seizing property, there are specific requirements for identifying the debtor. Here's the lowdown.The pursuing creditor in property seizures
Article L. 311-2 of the French Code of Civil Enforcement Procedures states that "Any creditor in possession of a writ of execution recording a claim that is due and payable may proceed with a seizure of property under the conditions laid down by this Book and by the provisions of Book I that do not conflict with it"....Procedural rules specific to civil enforcement proceedings and the seizure of real estate
The procedure has the reputation of being the most complex and difficult to implement civil enforcement procedure in the Code of Civil Enforcement Procedures. Nonetheless, it shares several features common to all civil enforcement procedures. The concept of proceedings The concept of proceedings...Identification of buildings in deeds published in the property register
Publication of procedural deeds in the property register requires that the properties be identified in accordance with the rules governing land registration. The information that the deed must contain is detailed in paragraphs 1 and 3 of article 7 of decree no. 55-22 of 4 January 1955, which concern...Identification of individuals in deeds published in the property register
The publication of procedural documents in the real estate register requires the parties to be identified in accordance with the rules governing land registration, which go beyond the requirements of article 54 of the Code of Civil Procedure. Identification of natural persons The first paragraph of article 5 of decree no. 55-22...The descriptive report of the property in foreclosure
The descriptive report is a report in which the bailiff enters the premises to describe them. We will look first at the usefulness of this procedure, then at the legal framework for drawing it up, and finally at its content. The usefulness of the descriptive report The descriptive report of the property is similar to a...Lapse of a summons to pay in lieu of seizure
To understand the role of lapses in the seizure of property procedure, we need to look back a little. Under the old rules, i.e. before the reform of the procedure introduced by the Order of 21 April 2006, it was common for the procedure to drag on, sometimes for several years,...Expiry of the summons to pay in the event of seizure
The concept of proceedings is not an obvious one in civil enforcement proceedings. This is undoubtedly why the legislature sought to limit the effects of a summons to pay in the form of a seizure over time by means of rules that are independent of the concept of the lapse of proceedings as it is...The effects of a summons to pay in the form of a seizure of property on third parties
A summons to pay for the seizure of property has effects on two categories of third parties: the third party holder and the third party. The effects of the summons to pay for the seizure of immovable property on the third party holder The effects of issuing the summons to pay for the seizure of immovable property on the third party holder are...The effects of a summons to pay in the form of a seizure on the debtor
The effects of a summons to pay in the form of a seizure on the debtor, the third party purchaser and third parties are described in article R. 321-13 of the Code of Civil Enforcement Procedures, which states that "The unavailability of the property, the seizure of its fruits and the restriction of the rights of enjoyment and administration...
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