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

An enforcement can only be implemented on the basis of a writ of execution , which may consist of a court ruling . However, according to Article 478 of the Code of Civil Procedure, judgments rendered by default or deemed adversarial solely because they are subject to appeal are null and void if they have not been served within six months of their date . The debtor subject to seizure can thus oppos …

Time-limits

An enforcement can only be implemented on the basis of a writ of execution , which may consist of a court ruling . However, according to Article 478 of the Code of Civil Procedure, judgments rendered by default or deemed adversarial solely because they are subject to appeal are null and void if they have not been served within six months of their date . The debtor subject to seizure can thus oppose the measure taken when the writ of execution on which it is based has lapsed due to lack of notification, even if this lapse does not deprive it of its effectiveness for the period prior to the declaration of lapse .

The incident aimed at declaring the lapse of a judgment for non-service within the six-month period must be raised by the debtor before addressing the merits . However, it is irrelevant whether an appeal against the order was lodged before the expiration of the six-month period, when it has not been notified and the appeal does not come from the defaulting party . Only the non-appearing party can invoke the lack of notification of a judgment deemed non-adversarial within six months of its date . Finally, only the enforcement judge is competent to rule on an application to declare a judgment for a monetary sum null and void under Article 478 . Indeed, the defense of lapse of the order authorizing a protective measure can only be raised before the enforcement judge seized of the challenge to the measure by way of a writ of summons, once it has been duly denounced according to its own rules .

See, for application, Cass. 2e civ., 27 March 1996, LawLex202300000754JBJ, holding that the judgment serving as the basis for a seizure - apprehension must be deemed null and void if not served within six months of its pronouncement, even if an appeal was lodged within this period, as long as the appeal was not filed by the defaulting party.

Cass. 2e civ., 6 May 2004, LawLex202200010241JBJ.

Cass. 2e civ., 22 November 2001, LawLex202200006652JBJ.

Cass. 2e civ., 26 October 2006, LawLex202300000751JBJ.

Cass. com., 20 February 2001, LawLex202300000746JBJ.

Cass. 2e civ., 11 October 1995, LawLex202300000757JBJ.

CA Fort-de-France, 4 April 2017, LawLex202300005036JBJ.

5. Civil Enforcement Procedures

65. Time-limits

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

65. Time-limits

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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