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 R. 121-2 of the Code of Civil Enforcement Procedures, the territorially competent enforcement judge, as chos the claimant's choice, is either the court of the place where the debtor resides or the place where the measure is enforced, unless otherwise provided. These rules apply even in the case of a third-party notice issued by the tax administration, for which there is no exce …

Choice left to claimant

Pursuant to Article R. 121-2 of the Code of Civil Enforcement Procedures, the territorially competent enforcement judge, as chos the claimant's choice, is either the court of the place where the debtor resides or the place where the measure is enforced, unless otherwise provided. These rules apply even in the case of a third-party notice issued by the tax administration, for which there is no exception to the general rules of jurisdiction .

If the debtor resides abroad or if the place of residence is unknown, the competent court is the one at the place of enforcement of the measure . In fact, the enforcement judge in whose jurisdiction one of the debtor's properties located abroad is situated is competent to authorize the registration of mortgages on the debtor's real estate located outside his jurisdiction . Similarly, when the debtor resides abroad, the judge competent to liquidate a penalty payment is the one at the place of execution of the injunction . Is it possible to carry out a seizure abroad? According to the Court of Cassation, it follows from the rule of the territoriality of enforcement procedures that a seizure - apprehension measure can only be carried out if the third party debtor is established in France . In this context, only a banker, as the third party debtor, who either has its registered office in France or has an entity there holding an account in the name of the debtor, can be considered as established in France .

Finally, where the action does not necessarily involve a creditor and a debtor, as in the case of an action for damages based on the harmful execution of enforcement measures, only one branch of the alternative is available: that which designates the court of the place where the measure was enforced .

Cass. com., 12 March 2002, LawLex202200011391JBJ.

Cass. 2e civ., 9 November 2006, LawLex202200011342JBJ; CA Paris, 21 March 2001, LawLex202300003971JBJ.

Cass. 2e civ., 13 October 2016, LawLex202200011343JBJ.

Cass. 2e civ., 6 November 2008, LawLex202200011392JBJ.

Cass. 2e civ., 10 December 2020, LawLex202200011383JBJ.

CA Paris, 5 April 1995, LawLex202300003973JBJ.

5. Civil Enforcement Procedures

40. Choice left to claimant

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

40. Choice left to claimant

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise