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Distribution of monies not subject to execution: legal guide and amicable procedure (art. 1281-1 cpc)
By Raphaël MORENON17 September 2025Are you selling a property and need to pay several creditors? Find out more about the French amicable procedure for distributing funds fairly and avoiding disputes.
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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.
Implementing, monitoring and amending the safeguard or recovery plan
The adoption of a safeguard or recovery plan by the court marks a decisive step for a company in difficulty. It is the sign that a solution has been found to clear the liabilities while allowing the business to continue. However, the judgment approving the plan is not an end in itself....The professional organisation and discipline of judicial officers: understanding the workings of a regulated body
In the shadows of our legal system work the judicial commissioners. These professionals wield considerable powers on a daily basis: they serve documents, enforce court rulings and carry out seizures. The question is: how can we be sure that they are honest and competent? The legislator...Disputes between factor and third parties: analysis of legal solutions
Factoring generates conflicts of rights between the factor and various third parties. In these situations, claims are made against the same receivables or their proceeds. The resolution of these conflicts depends on precise legal principles and nuanced case law. Conflicts with other creditors Chronological priority between creditors The conflict between the factor and...International factoring: legal framework and practical aspects
International factoring meets the growing needs of exporting companies. It secures their cross-border operations while optimising their cash flow. Its legal framework is more complex than that of domestic factoring, and requires in-depth analysis to master its subtleties and risks. The legal framework for international factoring The Ottawa Convention of...The enforceability of exceptions in factoring: risks and protection
Factoring exposes the factor to a major legal risk: the enforceability of defences. This mechanism allows the assigned debtor to raise defences against the factor that could have been raised against the original creditor. This legal reality complicates collection and can compromise the effectiveness of the financing. The principle and limits...Factoring and insolvency proceedings: protection of rights and obligations
The opening of insolvency proceedings disrupts the legal relationships between the parties to a factoring contract. Protecting the rights of each party becomes a crucial issue. How can the effectiveness of the factoring mechanism be preserved in the face of the mandatory rules of insolvency proceedings? What strategies can the parties deploy to secure their position? To...Factoring framework agreement: legal analysis of obligations and guarantees
The factoring agreement forms the contractual basis of the relationship between the company and the factor. This framework contract sets out the rights, obligations and guarantees of the parties. Its legal analysis reveals a sometimes delicate balance between the protection of the factor and the interests of the member company. Let's take a look at its key features. Legal features of the factoring agreement...The legal mechanisms of factoring: subrogation and cession Dailly
Factoring is a strategic financial lever for many companies. For a full understanding of the concept, including its limitations and potential disputes, see our guide to general factoring. This process is based on complex legal foundations that determine the rights and obligations of the parties involved. The security of this operation...Enforceable titles in French law: a practical guide
When a debtor refuses to pay, the creditor is often at a loss. Without a writ of execution, it is impossible to initiate enforcement proceedings. Every week, our firm receives clients who discover this reality after several months of unsuccessful reminders. What is a writ of execution? An enforceable title is the key to...I can't pay the bailiff: what should I do?
Receiving a letter from a judicial commissioner (formerly a bailiff) and not being able to pay the sum claimed is a frightening situation. However, ignoring the problem is the worst strategy for avoiding more serious consequences. There are practical solutions for dealing with the situation, negotiating and, if necessary,...
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