Publications
Special moveable liens: types, basis and detailed legal regime
By Raphaël MORENON17 July 2025Special moveable liens are a discreet but powerful category of security for creditors. Unlike conventional securities such as pledges, they are created directly by law to protect certain claims deemed to be particularly legitimate. They are an essential component of the legal arsenal of movable securities, offering a preferential right over the value of the debtor's specific movable assets. When it comes to strategies for securing receivables, mastering them is an asset, although their legal regime, particularly since the reform of movable property liens and their rationalisation by the Order of 15 September 2021, requires a precise analysis in order to understand their scope and limits. Introduction to special moveable liens: security over specific assets French security law traditionally distinguishes between two major families of moveable liens. General liens cover all of the debtor's movable assets, while special liens cover all of the debtor's...
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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.
What is the outstanding capital?
In just a few minutes, your banking lawyer can help you understand a key concept in banking litigation: the outstanding capital. The concept of outstanding capital When a bank grants credit to a borrower, the financing project is actually made up of three elements: To understand...Admissibility of a case of overindebtedness
The admissibility of an overindebtedness application is governed by certain criteria. However, there are also situations that do not qualify for overindebtedness. Criteria for admissibility of over-indebtedness applications For an overall understanding of over-indebtedness, it is advisable to refer to article L. 711-1 of the French Consumer Code,...The land registry service for property seizures
Since the purpose of the property seizure procedure is to sell a property by public auction and distribute the proceeds to creditors, the issue of publication of the procedural documents in the property register held by the land registry service must be dealt with as soon as the...Home service of a bailiff's document
Receiving a document from a judicial officer, now known as a commissioner, is a decisive stage in many procedures. Far from being a mere formality, the service of a document is an essential legal moment that triggers deadlines and conditions the validity of an entire procedure. A mistake in this process...Pauline action
The action paulienne results from the provisions of article 1341-2 of the Civil Code, which states that "A creditor may also act in his own name to have acts done by his debtor in fraud of his rights declared unenforceable against him, provided that he establishes, in the case of an act for valuable consideration,...ABUSIVE CLAUSES & ENFORCEMENT: what if it wasn't all over?
You are the victim(s) of a seizure of your property on the basis of a loan contract that may contain unfair terms but you have not had the opportunity to raise the matter beforehand: nothing is lost. Come and see us now! THE CONTEXT: A seizure based on an unfair clause...The new version of our website is finally online
After a few weeks of hard work, the new version of our website is finally online. The development of this new version met two needs: to offer you, our readers, a better-quality medium; and to give us, the authors, greater control over our working tool. At the same time...Texts applicable to property seizures
The property seizure procedure is based on a disparate body of legislation, and there is no point in drawing up an exhaustive inventory at this stage. However, a few basic points need to be clarified. Reform and codification of the procedure for seizure of property The procedure for seizure of property was reformed by the Order...The writ of execution for seizure of property
Implementation of the property seizure procedure depends very much on the nature of the writ of execution in the creditor's possession. The writ of execution and the seizure of property The writ of execution is the document bearing the enforcement formula, which the court commissioner enforces. It should be remembered that it is necessary...Penalties for failure to declare the identity of the winning bidder
The property seizure procedure was reformed by Ordinance no. 2006-461 of 21 April 2006 and its implementing decree no. 2006-936 of 27 July 2006, amended by decrees no. 2006-805 of 23 December 2006 and no. 2009-160 of 12 February 2009. The penalty for defaulting bidders...
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