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

Before Law No 2019-122 of 23 March 2019 , Article R. 121-6 of the Code of Civil Enforcement Procedures provided that “the parties defend themselves. They have the option to be assisted or represented.” Since 1 January 2020, the date of entry into force of the Law of 23 March 2019, representation by counsel is mandatory, except in the cases referred to in Article L. 121-4 of the Code of Civil Enfor …

Mandatory representation and oral proceedings

Before Law No 2019-122 of 23 March 2019 , Article R. 121-6 of the Code of Civil Enforcement Procedures provided that “the parties defend themselves. They have the option to be assisted or represented.” Since 1 January 2020, the date of entry into force of the Law of 23 March 2019, representation by counsel is mandatory, except in the cases referred to in Article L. 121-4 of the Code of Civil Enforcement Procedures, for which it is only optional:

- when the application concerns an eviction;

- when it originates from a claim or seeks the payment of an amount not exceeding EUR 10,000. However, when consulted for an advisory opinion, the Court of Cassation has specified that the State, regions, departments, municipalities, and their establishments may be assisted or represented by a civil servant or an agent of their administration even in matters where representation by a lawyer is mandatory .

Article R. 322-17 also exempts the debtor's application for authorization of the amicable sale of real estate, as well as acts subsequent to that sale , from the requirement of legal representation. However, unless otherwise provided, the parties are required to instruct counsel during a real estate seizure procedure .

Pursuant to Article R. 121-7, when representation by a lawyer is not mandatory, the parties defend themselves. They may be assisted or represented by a lawyer, their spouse, their partner, or the person with whom they have entered into a civil union, their direct relatives or direct in-laws, their relatives or in-laws up to and including those twice removed, persons exclusively attached to their personal service or their undertaking. The representative, if not a lawyer, must provide proof of a special power of attorney. This is the case for the judicial commissioner when assisting or representing the parties before a court that is not within their jurisdiction .

The proceedings before the enforcement judge are oral . However, during the proceedings, any party may also present his or her arguments by letter addressed to the enforcement judge, provided that there is proof that the opposing party was informed before the hearing by registered letter with acknowledgment of receipt. The party using this option may choose not to attend the hearing .

Law No 2019-122 of 23 March 2019 on the 2018-2022 programming and reform for justice, known as the “Belloubet Law,” OJ 24 March 2019.

Cass. 2e civ., 18 February 2021, LawLex202200010364JBJ.

See, for an application, Cass. 2e civ., 7 April 2016, LawLex202300002515JBJ.

Code of Civil Enforcement Procedures, Art. R. 311-4.

Cass. 2e civ., 10 May 1995, LawLex202300004013JBJ. See a contrario, Cass. 2e civ., 5 November 1975, LawLex202300004012JBJ.

5. Civil Enforcement Procedures

42. Mandatory representation and oral proceedings

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42. Mandatory representation and oral proceedings

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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