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

Pursuant to Article L. 511-1, para. 1, of the Code of Civil Enforcement Procedures, “any person whose claim appears to be well-founded in principle may request the court's authorization to implement an interim protective measure on the debtor's assets, without prior notice, if they demonstrate circumstances likely to threaten recovery.” Interim protective measures, which may take the form of a protective seizure or legal guarantee (sûreté judiciaire) , allow the creditor to prevent the risk of the debtor's insolvency when they do not yet have ana writ of execution. The creditor can render the debtor's tangible or intangible assets unavailable to protect their general lien by applying to the enforcement judge. It is the judge's responsibility to first verify whether the claim appears well-founded in principle and whether there is a threat to the recovery of the claim. The burden of proving that these two cumulative conditions are met lies with the seizing creditor .

CPC ex., Art. R. 512-1. See, for an application, CA Caen, 6 December 2022, LawLex202300007623JBJ.

Basis for interim protective measures

93. Basis for interim protective measures