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 definitive publication gives the security rank as of the date of the initial formality, within the limit of the amounts preserved by the latter . It has the effect of retroactively consolidating the creditor's rights as of the date of the provisional registration of the judicial security. However, this retroactivity only applies within the limit of the amount for which the measure was taken. F …

Effects

The definitive publication gives the security rank as of the date of the initial formality, within the limit of the amounts preserved by the latter . It has the effect of retroactively consolidating the creditor's rights as of the date of the provisional registration of the judicial security. However, this retroactivity only applies within the limit of the amount for which the measure was taken. Furthermore, the definitive publication only serves to confirm the provisional publication, so it does not constitute a new registration.

Difficulties may arise in the event of the initiation of insolvency proceedings against the debtor. A distinction must be made depending on whether the provisional publication occurred before the date of cessation of payments or during the suspect period. When the provisional registration was made before the date of cessation of payments, the initiation of insolvency proceedings does not prevent the confirmation of the definitive publication . Consequently, the creditor can assert their privileged rank during the proceedings. They may also proceed with the definitive registration, which grants the judicial security rank as of the date of the initial formality, within two months from the day the decision of admission or determination of their claim becomes res judicata . Conversely, the provisional registration made during the suspect period is void under Article L. 632-1, 7° of the Commercial Code, making any definitive publication impossible. In a case where a provisional judicial mortgage registration had been published before the date of cessation of payments and became definitive after the initiation of liquidation proceedings, the Court of Cassation nevertheless held that the res judicata effect attached to the decision of admission of the claim pronounced as privileged, due to the registration of the judicial mortgage, precluded the action for nullity of this registration, even in the event of a subsequent postponement of the date of cessation of payments .

CA Pau, 13 February 2023, LawLex202300007494JBJ, emphasizing that the definitive registration causes the provisional judicial mortgage to lose its protective nature.

Cass. com., 17 November 1992, LawLex202100002762JBJ.

Cass. com., 3 May 2016, LawLex202100002763JBJ. See also Cass. 3e civ., 10 November 2021, LawLex202200003144JBJ.

Cass. com., 19 December 2018, LawLex202100002021JBJ.

5. Civil Enforcement Procedures

122. Effects

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

122. Effects

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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