Publications

Judgement, Civil procedure

A judgment given in the absence of a party (a failure to appear) can have radically different consequences depending on its legal classification. Whether for domestic judgments or to enforce a foreign judgment via exequatur, the complexity of the rules is constant. The distinction between judgments by default and...

Call, Civil procedure

Res judicata is a fundamental pillar of our legal system. But what can be done when a final judgment is based on fraud or a major error? French justice provides an exceptional solution: an application for judicial review. Our firm regularly observes that this legal remedy remains...

When a new law changes the rules on enforcement, how do you know which text applies to your current case? This question, far from being theoretical, often determines the outcome of enforcement proceedings. Between the protection of acquired rights and the immediate application of new legislation, transitional law lays down rules...

Guarantees, securities and enforcement law, Security interests in immovable property

The world of mortgages is not limited to the guarantees voluntarily given as part of a property loan. In some cases, a court ruling can be the very source of a mortgage, transforming a recognised claim into a solid right over your debtor's assets. Similarly, it is sometimes possible...

Insolvency law, with its rules for dealing with debts and safeguarding businesses, often interferes with other branches of law. When the debtor's situation involves his or her spouse, assets held jointly or in joint tenancy, or when specific guarantees are required, the law...

Guarantees, securities and enforcement law, Security interests in immovable property

A mortgage is not set in stone for eternity. Like any debt-related security, it has a lifespan, and a number of events can bring it to an end. Beyond its creation and initial registration, understanding how a mortgage is extinguished is essential. Whether you finally...

A debtor's default threatens your claims. Collective procedures - safeguard, reorganisation, judicial liquidation - limit your rights to take legal action. In this context, not all securities are created equal. Some are resilient, others collapse. One thing is clear: the majority of creditors recover less than 10% of their claims in...

The opening of insolvency proceedings, whether a receivership or compulsory liquidation, marks a difficult turning point for a company and its creditors. But did you know that the effects of these proceedings can go back in time? Acts carried out just before the decision to open proceedings, in particular the provision of guarantees (securities),...

Guarantees, securities and enforcement law, Security interests in immovable property

Hypothec is a term you hear a lot, whether in connection with a mortgage, securing a business debt or even in certain disputes. But what does this legal concept really mean? More than just a word, it is a powerful mechanism that is essential for securing large debts. To find out more...

In an unstable economic environment, securing receivables is an absolute priority. An unpaid invoice, a customer in financial difficulty, a defaulting partner - these are all situations that directly threaten your company's cash flow. In such cases, security is your legal shield. These mechanisms protect your rights and maximise...