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The right of retention under French law: foundations, conditions and detailed effects
By Raphaël MORENON17 July 2025The right of retention is a formidable prerogative, often perceived as an instrument of self-defence available to a creditor. This apparently simple mechanism enables a person who legitimately holds property belonging to his debtor to refuse to return it until his claim has been paid in full. It is a powerful means of exerting economic pressure, capable of breaking the deadlock in difficult payment situations without having to initiate legal proceedings. As part of the arsenal of security interests, it shares their practical effectiveness, but its exact legal nature remains debated. For a long time, the classification of the right of retention has been the subject of controversy. Is it a genuine security, a real right conferring priority on the creditor, or simply a personal right to put pressure on the debtor? Jurisprudence has sometimes described this right as 'real', emphasising that it is enforceable against everyone, including third-party purchasers. However, it is...
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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 a legal document
Despite the principle of personal service of legal documents (I), the exception of home service is becoming the rule (II). The principle of personal service Under the terms of article 654 of the Code of Civil Procedure: "Service must be made personally. Service on a...Death in the course of proceedings
The death of a party during the course of proceedings may result in the proceedings being interrupted (I), although they may be resumed at a later date in accordance with specific procedures (II). I - Interruption of proceedings by death If several criteria are met, the death of a party will result in the proceedings being interrupted. Under article 370 of the Code of Civil Procedure...Proof of service of an order for payment
The primary aim of the order for payment procedure is to surprise. First we condemn, then we discuss. Eventually. In many cases, the discussion does not begin until an enforcement order is issued, such as a summons to pay for the purposes of seizure and sale. That's when the element of surprise really kicks in...Property seizure appeal: is it too late to defend yourself?
To avoid having your property seized, you need to fight hard at first instance. By the time you appeal, it's too late. I. It's at first instance that it all comes down to it! Property seizure is a complex matter, and requires the involvement of competent professionals to understand the specifics and offer you the best...Guarantees and mergers
The guarantor's commitment may be affected by the merger of the creditor company. The extent of the guarantor's commitment When applying for a bank loan, the bank may request additional guarantees from its future co-contractor. One of these guarantees is formalised in a guarantee deed. This is a...Attachment and assignment of debt
They are called securitisation mutual funds. You've never heard of them in your contractual relationship with the bank that financed your old consumer credit, yet you've just had your bank accounts seized. On reading the writ of attachment,...The lawyer's competence in property seizures
The lawyer's jurisdiction in property seizures has a number of specific features that need to be clarified. Article R. 311-4 of the Code of Civil Enforcement Procedures states that "Unless otherwise provided, the parties are required to constitute a lawyer". Article...The diabolical proof, or probatio diabolica: a case study
In law, certain situations present the litigant with a major difficulty: proving a fact that is so complex, so remote or so elusive that proving it becomes a real headache, a situation of probatio diabolica. This is what lawyers call probatio diabolica, or "proof of the devil". Far from being a...
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