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

The specific regime applicable to the protective seizure of assets held in a safe is set by Articles R. 525-1 to R. 525-5 of the Code of Civil Enforcement Procedures, which refer to Articles R. 224-1 and R. 224-2, relating to the seizure of such assets, as well as Articles R. 511-1 to R. 512-3, concerning the application of ordinary law on interim protective measures regarding the conditions of va …

Protective seizure of assets held in a safe

The specific regime applicable to the protective seizure of assets held in a safe is set by Articles R. 525-1 to R. 525-5 of the Code of Civil Enforcement Procedures, which refer to Articles R. 224-1 and R. 224-2, relating to the seizure of such assets, as well as Articles R. 511-1 to R. 512-3, concerning the application of ordinary law on interim protective measures regarding the conditions of validity and challenges thereto.

Pursuant to Article R. 224-1, the seizure of assets placed in a safe begins with the service to the third party of the seizure document, prepared by the judicial commissioner, which must, on pain of invalidity, include the name and domicile of the debtor and, if it is a legal entity, its name and registered office, the reference to the writ by virtue of which the seizure is carried out, and an injunction prohibiting any access to the safe, except in the presence of the judicial commissioner.

The third party is then required to provide the judicial commissioner with the identification of the safe mentioned in the document. The reference to the title under which the seizure is carried out also refers to the judge's authorization to implement the interim protective measure.

The first business day following the seizure act provided for in Article R. 224-1 must be served on the debtor, in accordance with Article R. 525-2: a judicial commissioner act containing, on pain of invalidity, the notification of the seizure act; the mention of the judge's authorization or the writ by virtue of which the seizure is carried out, a copy of which is attached to the act ; the indication that access to the safe is prohibited, except, upon request, in the presence of the judicial commissioner; the mention, in very conspicuous characters, of the debtor's right, if the conditions for the validity of the seizure are not met, to request the release from the enforcement judge of the place of their domicile; and the reproduction of Articles R. 511-1 to R. 512-3.

The protective seizure of assets placed in a safe has the effect of prohibiting access to the safe without the presence of the judicial commissioner, who may affix seals on it . The assets placed in the safe are thus rendered unavailable.

After the service of the seizure document, and before obtaining a writ of execution, the safe may be opened. However, it is necessary to distinguish between the situation where the debtor makes the request , and that resulting from the termination of the safe rental contract .

First, the debtor may, at any time, request the opening of the safe in the presence of the judicial commissioner, in accordance with Article R. 525-3 of the Code of Civil Enforcement Procedures. The commissioner then conducts a detailed inventory of the assets seized as a protective measure, which are immediately removed to be placed under the custody of the judicial commissioner or a sequestrator appointed, failing an amicable agreement on their appointment, by the enforcement judge seized upon application from the place of seizure. Under the conditions prescribed by Article R. 221-12, the judicial commissioner has the option to photograph the items removed from the safe . Article R. 525-3, para. 3, specifies that “a copy of the seizure document is delivered or served to the debtor, with the designation, under penalty of invalidity, of the enforcement judge of the place of seizure before whom disputes related to the seizure operations are brought.” For the rest, the rules applicable to the protective seizure of movable property apply.

Secondly, the rent agreeement of a safe may be terminated by its owner, who must immediately inform the judicial commissioner, in accordance with Article R. 525-4. The latter then serves the debtor with a summons to appear at the specified place, date, and time, either in person or through any representative, for the opening of the safe, with the warning that in case of absence or refusal to open, it will be done by force and at their expense. However, the text specifies that “the opening of the safe cannot occur before the expiration of a fifteen-day period from the service of the summons, unless the debtor requests that this opening take place at an earlier date” . For the seizure of selected goods, Article R. 525-4, para. 3, specifies that “the provisions of the second and third paragraphs of Article R. 224-4 and Articles R. 224-5 to R. 224-7” apply, relating to the seizure of goods placed in a safe deposit box.

The conversion of the interim protective measure concerning assets placed in a safe into a compulsory enforcement measure can be carried out as soon as the seizing creditor holds a writ of execution. However, Article R. 525-5 distinguishes between whether the safe has been opened or not. If it has, the text specifies that “the creditor who obtains a writ of execution at a time when the assets have already been removed from the safe proceeds as stated in Articles R. 522-7 to R. 522-14 if the writ establishes the existence of a claim, or in accordance with the provisions of Article R. 222-25 if the writ orders the delivery or restitution of the seized asset” . Conversely, “if the safe has not yet been opened, the provisions of Articles R. 224-3 to R. 224-9 or R. 224-10 to R. 224-12, as the case may be, apply” .

Finally, when the safe belongs to the debtor, it is possible to carry out a protective seizure of assets placed inside it. However, the rules in this matter are identical to those applicable in the case of opening a private premises. Indeed, while the judge's authorization is not required for a creditor, holding a non-enforceable court decision, to proceed with a protective seizure, it follows from Article L. 142-3 of the Code of Civil Enforcement Procedures that the judicial commissioner, not holding a writ of execution or a judge's authorization, cannot proceed with the forced opening of the doors of a place used for habitation or a safe . If this is the case, it is appropriate to order the release of the protective seizure of the contents of the safe .

It is specified that if it is a notarial obligation or a claim by the State, local authorities, or their public institutions, only the date, the nature of the title, and the amount of the debt are mentioned.

CA Paris, 6 September 2018, LawLex202300008154JBJ, approved by Cass. 2e civ., 17 September 2020, LawLex202200010418JBJ.

CA Paris, 4 July 2019, LawLex202300008443JBJ.

5. Civil Enforcement Procedures

108. Protective seizure of assets held in a safe

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108. Protective seizure of assets held in a safe

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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