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Retention of title: a complete guide to the system and its effects in 2025
By Raphaël MORENON21 July 2025Retention of title is a legal mechanism that is as discreet as it is effective, enabling sellers to secure payment of their receivables. By suspending the transfer of ownership until the price has been received in full, it constitutes a formidable guarantee, particularly in the event of default by the buyer. Our firm, whose practice is dedicated to the law of sureties and guarantees, notes that the scope and conditions of this clause are often misunderstood. This article provides a comprehensive overview of the clause, from its legal nature to its implementation and effects during insolvency proceedings. Each aspect covered here is dealt with in more detail in dedicated articles, which can be accessed via the links provided. Introduction to retention of title: definition and legal nature Definition and guarantee function The retention of title clause is defined by article 2367 of the French Civil Code as a stipulation that...
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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.
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...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...
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