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Status of the judicial commissioner: organisation and ethics 2025
By Raphaël MORENON29 October 2025Understand the key role of the new judicial commissioner in France. Find out about their tasks and responsibilities and how this merger will affect your rights and procedures. Complete guide.
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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.
Unseizable income and assets: understanding the limits of creditors' action against debtors' assets
The principle is simple: a creditor in possession of a writ of execution may seize the debtor's assets to obtain payment of the debt. However, this prerogative is not absolute. The legislator has established a delicate balance between the creditor's legitimate right to recovery and the need to preserve the debtor's...Protection of debtors in enforcement proceedings: rights, limits and remedies
When a creditor seeks to recover a debt, he may resort to compulsory enforcement procedures, which are often perceived as a direct threat to the debtor's assets. However, French law has built in a series of safeguards to maintain a balance and prevent debt collection from leading to a situation of...Seizure of aircraft: procedure, conditions and recent developments
Seizing an aircraft is a formidable procedure for a creditor and devastating for a debtor. Because of the considerable economic value of these assets and their great mobility, their forced immobilisation is a powerful lever in debt recovery. However, this measure is governed by a specific...Over-indebtedness and mortgages: specific debt relief and cancellation measures
Taking out a mortgage is a decisive step in the life of an individual or an entrepreneur. However, the ups and downs of life can turn this project into a financial burden, leading to over-indebtedness. Far from being inevitable, over-indebtedness linked to a property loan is governed by...Indemnity for early repayment (ira) on a mortgage loan: legal regime and disputes
Early repayment of a mortgage is an important step in a borrower's financial life, often prompted by an unexpected influx of cash, the purchase of a loan on more favourable terms or the sale of the property being financed. While this is a consumer's right, it is not a legal right.Interdependence of mortgage loan and financed contract: the resolutory condition
In the borrower's mind, buying a property and taking out a loan to finance it are two sides of the same coin. However, in law, these two contracts could have separate fates. Aware of this risk, the legislator has created a strong legal link between the mortgage contract and the loan....Failure to obtain a home loan: repayment of sums paid and penalties
The purchase of a property is often conditional on obtaining finance. French law has introduced a major protective mechanism for non-professional buyers: the condition precedent that the property loan must be obtained. This clause, incorporated into the promise to sell, renders the contract null and void if the loan is not granted. This is a...Condition precedent for obtaining a property loan: issues and case law
Buying a property is a decisive step, financed in the vast majority of cases by a loan. To protect the non-professional buyer, the legislator has introduced an essential security mechanism: the condition precedent that the loan must be obtained. This provision links the validity of the sale to the granting of finance...Definitions and scope of mortgage credit: the legal guide
Mortgages are at the heart of most of life's projects, whether it's the purchase of a primary residence or a rental investment. However, the legal framework surrounding it is so dense and complex that borrowers are often surprised. Far from being a simple loan contract, it is...Pacte commissoire and judicial allocation: alternatives to seizure of property for creditors
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 has...
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