The world of enforcement procedures contains some little-known procedures. One of these is the seizure of standing crops. Yet this rare procedure deserves our attention. It bears witness to a legal system adapted to the specificities of agriculture. After seizure, the question of sale of seized crops also raises specific issues.
Definition and legal framework
Seizure of standing crops is a special form of seizure for sale. It targets cultivated agricultural products (crops) that are still attached to the ground (standing crops).
A necessary legal fiction
This procedure is based on a legal fiction. The Civil Code classifies plants attached to the soil as immovable by nature (article 520, paragraph 1). But the legislator considers them to be movable by anticipation. This fiction makes it possible to avoid the complications of seizure of immovable property in favour of a simplified seizure of movable property.
Its rules are set out in articles R. 221-57 to R. 221-61 of the French Code of Civil Enforcement Procedures. It mainly follows the rules for seizure for sale, but with some adjustments. For a detailed understanding of essential formalities of this procedureSee our dedicated article.
The essential basic conditions
A compulsory writ of execution
As with any enforceable seizure, the creditor must hold an enforceable title establishing a liquid and payable claim against the owner of the crops. The certainty of the claim is presumed by the existence of the writ of execution.
A prior command
A summons to pay must be served on the debtor in accordance with article L. 221-1 of the Code of Civil Enforcement Procedures. This formal document contains all the information required by article 648 of the Code of Civil Procedure for bailiff's documents, plus the specific information set out in article R. 221-1 of the Code of Civil Enforcement Procedures.
8 days' notice
The seizure may only be carried out after a period of 8 days has elapsed following service of the summons (article R. 221-1, 2° of the Code of Civil Enforcement Procedures). This period is calculated according to the usual rules: the day of service is not counted, and if the period expires on a non-business day, it is extended until the next business day.
An additional time constraint
A special feature of this seizure is that it must be carried out within 6 weeks before the usual ripening period (article R. 221-57 of the Code of Civil Enforcement Procedures). This limit is explained by the need to assess the value of the fruit to be sold. A seizure made too early would be null and void.
The owner of the crops: who can be seized?
Distinction between land and crop owners
The debtor must be the owner of the crop. It is not necessarily the owner of the land. The farmer (farmer, usufructuary, joint tenant) is generally the owner of the crop. The bailiff must verify this status, which is not always easy.
For sales of standing crops before maturity, the transfer of ownership is not instantaneous. It only takes place when the crop is actually handed over, i.e. when it is harvested. Until then, the buyer only has a personal right against the seller, with no enforceable right in rem.
Special cases
Joint ownership and matrimonial property regimes
In the event of joint ownership, only a joint creditor may seize the harvest. The personal creditors of an undivided co-owner can only bring about partition (article 815-17 of the Civil Code).
In the case of matrimonial property regimes, case law protects own property. A seizure against one spouse cannot affect crops from the other spouse's own land.
Sole trader with limited liability (EIRL)
The EIRL complicates the picture. Farmers under this status can create business assets separate from their personal assets (article L. 526-6 of the French Commercial Code).
Professional creditors only have rights to the assets affected, while personal creditors only have rights to unaffected assets (article L. 526-12 of the French Commercial Code).
There is some protection: farmers can choose not to use their land for their business (article L. 526-6, paragraph 3 of the French Commercial Code).
Sources
- Code des procédures civiles d'exécution, articles L. 221-1, L. 221-2, R. 221-1, R. 221-16, R. 221-57 to R. 221-61
- Civil Code, articles 520, 524, 583, 815-17
- French Commercial Code, articles L. 526-6 et seq., L. 526-12
- Cass. 2nd civ. 10 January 1979, no. 77-12.083
- Cass. civ. 29 August 1853, DP 1853, I, p. 258
- CA Rennes, ch. 6, 7 July 1981, JurisData n° 1981-040721
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