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The seizure and enforcement of ships: archaic, complex and challenging in the face of enforcement reforms
By Raphaël MORENON26 July 2025The seizure of a ship is an enforcement measure that captures the imagination, evoking the forced immobilisation of a valuable asset, a symbol of trade and travel. However, behind this image lies a complex legal reality, governed by a derogatory regime which, despite its practical importance, remains surprisingly outdated. The distinction between precautionary seizure and seizure and execution of ships is fundamental, but it is the latter, seizure and execution, that most bluntly reveals the archaisms of French maritime law. While the purpose of the procedure for the seizure and execution of ships is the forced sale of property to pay off a creditor, its legal framework, frozen in time, poses considerable challenges for both creditors and debtors. This article takes an in-depth look at the shortcomings of this system and highlights the need to modernise the enforcement procedures applicable to ships. Introduction: a derogatory but outdated legal regime...
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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.
Service of the summons to pay on the seized debtor
The procedures for serving a summons to pay for the seizure of property depend on the situation of the distrainee. Here is an analysis of the procedures for serving the summons on the debtor. Joint debtors First of all, if there are joint debtors, the summons is simply served on each of them. Married debtors In the case of a married debtor,...A summons to pay in the form of a seizure is an act of disposal
The seizure of property procedure has a reputation for being both difficult and dangerous. It owes this reputation to the number of deadlines it imposes on the lawyer and to its technical nature, but also to the fact that it is initiated by the debtor himself.Attachment and payment deadlines
An attachment order does not allow the debtor to apply for a deferment of payment. Here's how it works.Order for payment and debt purchase
An order for payment is a simplified debt recovery procedure. In some cases, these orders can be contested at a very late stage. What happens if a debt is assigned between the time the order is issued and the time it is contested? Late opposition to an order for payment The order for payment procedure is a simplified procedure for...Contentious withdrawal: how does it work in 2024?
Litigious withdrawal, a mechanism provided for in Article 1699 of the Civil Code, is a powerful but often misunderstood right. It allows a debtor to buy back his own debt for a fraction of its face value when it has been assigned by his original creditor to another company. For example:...Private loans: analysis and advice from a lawyer
Private-to-private loans are becoming increasingly popular. Its popularity is leading many operators to present it as a quick and easy solution. Here's our advice.What is factoring? Definition, limits, disputes
Factoring is a popular financial solution for companies faced with long payment terms. This complex legal mechanism combines short-term financing, a guarantee against non-payment and accounts receivable management. Its implementation requires a precise understanding of its legal and financial implications. Understanding factoring...Seizure of real estate and judicial liquidation
Judicial liquidation has the effect of blocking the property seizure procedure. Placing the debtor under judicial liquidation has the effect of interrupting or prohibiting all civil enforcement proceedings. Temporarily, at any rate. The judicial liquidation of a corporate debtor The opening of collective proceedings halts or prohibits all civil enforcement...What happens if the debtor dies?
In the event of the death of the debtor of a writ of execution, there are ways of continuing to collect a debt. It all depends on the status of the estate. The debtor is deceased and his heirs are known When the creditor knows the debtor's heirs, the progress of recovery depends on...Notice of attachment: how does it work?
Attachment is a dreadful enforced collection procedure for debtors, who see their claims transferred to their creditors. The notification of this act by a court commissioner is a fundamental step: it informs you of the measure and is the starting point for the deadline for...

