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Forum arresti in French maritime law: a controversial principle and developments in case law
By Raphaël MORENON26 July 2025The arrest of a vessel is a spectacular measure and a powerful lever for a creditor seeking to recover his debt. However, detaining the vessel is only the first step. A fundamental question arises immediately afterwards: which court will have jurisdiction to judge the merits of the dispute, i.e. to rule on the existence and amount of the claim itself? For a long time, French law accepted a pragmatic solution known as forum arresti, which gave jurisdiction to the court in the place where the debt was seized. This apparently simple rule has been the subject of a major reversal in case law, placing France in a unique position on the international scene. Understanding this development is essential for any creditor or shipowner faced with the legal and historical framework of ship seizures in France. Given the complexity of these rules, it is essential to be assisted by a lawyer specialising in ship seizures...
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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 benefits of consumer credit
Errors made by the consumer credit organisation are often punished by forfeiture of the right to contractual interest. The contractual interest is then replaced by interest calculated at the legal rate. Problem: the rise in the key ECB interest rates has resulted in a rise in the interest rate...Can you sell a mortgaged house?
Is it possible to sell a mortgaged house? You want to sell your mortgaged house or flat. How do you go about it? What is a mortgage? Mortgages belong to the category of security interests. The concept of security refers to all the guarantees that a creditor can take out to secure the payment of...Property seizure and the impossibility of resolving disputes amicably
Many customers ask us how to get out of the impasse. How can I refinance a loan to avoid having my home repossessed?Foreclosure does not cover the debt: analysis
When a foreclosure sale does not cover the entire debt, the financial situation becomes a real headache for both the debtor and the creditor. The borrower wonders how much still needs to be paid, while the creditor assesses how much can still be recovered. If you want to take on new debt...Challenging an attachment order: 5 arguments
Having your bank account seized is often a brutal and destabilising financial ordeal. Carried out without prior warning by a creditor in possession of an enforcement order, it presents the debtor with a fait accompli. It is possible to challenge this complex procedure, but it must be done within a legal framework and in accordance...Early repayment indemnities - concept, calculation
The borrower can always decide to repay a loan early. In return, they may be required to pay so-called "early repayment charges".Opposition to an order for payment in brief
Opposition to an order for payment is a simple procedure that you need to understand to protect your interests. What is an order for payment? An order for payment is a simplified procedure that enables a creditor to obtain a writ of execution enabling him to recover a debt.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....
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