Introduction

Existence of a claim

Issuance of enforcement order (writs of execution)

Existence of seizable assets or claims

Conditions of enforcement

Judicial authority

Other authorities

Competent authorities and persons

Operations

Difficulties in enforcement

Implementation of compulsory enforcement

General regime of enforcement procedures

Concept of penalty

Scope ratione personae

Material scope

Determination of penalty

Competence of judge

Powers of court

Effects of ruling ordering or rejecting penalty

Pronouncement of penalty

Substantive conditions

Procedural conditions

Role and powers of the judge

Effects of liquidation judgment

Liquidation of the penalty

Penalty

Conditions of implementation

Contesting the measures

Ordinary law on protective measures

Protective seizures

Judicial security interests (sûretés judiciaires)

Specific regimes

Interim protective measures (mesures conservatoires)

Seizure of claims for sums of money

Seizure of tangible movable property

Seizure of intangible rights

Enforcement measures on movable property

Real estate seizures

Evictions

Enforcement measures on real estate

Enforcement measures

5. Civil Enforcement Procedures

Article R. 511-6 of the Code of Civil Enforcement Procedures states that “the court's authorization is void if the interim protective measure has not been enforced within three months from the order” . A protective seizure measure, carried out within the three-month period provided by this text, is therefore not voided solely because it remains ineffective due to the debtor's blocking of funds . When implementing the protective measure, the creditor is required to serve the order issued by the court, as well as a copy of the application, in accordance with Article 495, para. 3, of the Code of Civil Procedure.

See, for applications, CA Paris, 8 December 2022, LawLex202300007116JBJ; 26 January 2023, LawLex202300006546JBJ, declaring lapsed an authorization for the purpose of registering a provisional legal mortgage when the measure has not been executed within a period of three months.

CA Douai, 31 January 2019, LawLex202300007131JBJ.

Time limit for enforcement of measure

99. Time limit for enforcement of measure