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Special real estate liens: a historical overview and their future after the reforms
By Raphaël MORENON17 July 2025Security interests, legal mechanisms designed to guarantee payment of a debt, are a cornerstone of the security of economic transactions. For a long time, special liens on immovable property were a special category of security, directly attached to certain immovable assets of the debtor. Historically, they offered formidable protection to specific creditors because of the nature of their claim. However, the landscape of these guarantees has been profoundly reshaped by successive reforms, culminating in a major transformation in 2021. Understanding what these liens were and what they are becoming is essential for all economic players, whether sellers, lenders or entrepreneurs. This article is part of a general presentation of property security interests and aims to shed light on the nature and development of these specific guarantees. Navigating the intricacies of property security law requires specialised expertise, an area in which our firm has developed a particular expertise...
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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.
The effects of the expiry of a summons to pay in lieu of seizure
The effects of the expiry of a summons to pay in the form of a seizure of property are often misunderstood. Here's the lowdown. Expiry of the effects of a summons to pay valid as a seizure The summons to pay valid as a seizure has extremely important effects on the debtor. It...The unenforceability of leases in foreclosure proceedings
The Court of Cassation's response to the question of the unenforceability of mail in property seizures seems to be at odds with the provisions of the Code of Civil Enforcement Procedures. Here's where we stand. The unenforceability of leases under the French Code of Civil Enforcement Procedures Article L. 321-4 of the...Understanding lump-sum compensation (or compensation payable immediately)
In just a few minutes, we'll take a look at a banking law concept: the lump-sum indemnity or indemnity for immediate payment The lump-sum indemnity: a contractually agreed penalty Background: A bank may decide to accelerate a loan and demand immediate payment of the sums borrowed (see our article on accelerating loans) because of a lack of funds....What is a forfeiture of term?
If the borrower loses the term of the loan contract, he or she must immediately repay the funds lent.What happens to the interest debt on a loan after judgment?
There are plenty of securitisation bodies and other debt collection agencies practising seizures in an attempt to obtain payment of interest that is in fact time-barred. While the creditor has ten years to recover the sums owed in respect of the capital borrowed from the date of the consumer's conviction,...We're recruiting a legal assistant!
Our company, which specialises in the law of guarantees, securities and civil enforcement procedures, as well as banking and credit law, is looking for a legal assistant, on a permanent, full-time basis. Duties The duties of the legal assistant will be : Prospects and training The position is likely to evolve,...Our special report on foreclosure is now online
At the firm, we believe that know-how should be shared, and we quickly set ourselves the ambition of putting all the training materials we provide online. The work involved in achieving this was far from trivial, as we first had to update our materials so that they were...The relative effect
Identifying the owner of an immovable, on the one hand, and identifying an immovable, on the other, requires identifying the title by virtue of which the owner is the owner of the immovable. The concept of relative effect The deed recording a transfer of ownership must mention the relative effect, i.e. the deed by which the distrainee debtor became the owner of the...Calculation of procedural time limits
A brief overview of the different ways of computerising procedural deadlines.Jurisdiction of the enforcement judge with regard to seizures of immovable property
The jurisdiction of the execution judge in matters of seizure of property has specific features that sometimes make it difficult to define. The jurisdiction of the enforcement judge The jurisdiction of the enforcement judge results from the third paragraph of article L. 213-6 of the Code of Judicial Organisation: "The judge...
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