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 assistance of law enforcement in civil enforcement proceedings may be requested to allow a seizure or eviction in case of the debtor's refusal to comply . Although Article L. 153-2 of the Code of Civil Enforcement Procedures (CPC exéc) seems to reserve the authority to request police assistance to the judicial commissioner, the Council of State allows a property owner to directly make such a r …

Obligations

The assistance of law enforcement in civil enforcement proceedings may be requested to allow a seizure or eviction in case of the debtor's refusal to comply . Although Article L. 153-2 of the Code of Civil Enforcement Procedures (CPC exéc) seems to reserve the authority to request police assistance to the judicial commissioner, the Council of State allows a property owner to directly make such a request .

The judicial commissioner sends their request for police assistance to the prefect. The requisition must include a copy of the writ of execution . Indeed, the State representative receiving a request for law enforcement assistance must first ensure that the court decision is enforceable . Therefore, the prefect who has not received notification of the order to vacate the premises served to the debtor is not properly seized of a request for law enforcement assistance by a subsequent act of the judicial commissioner .

The requisition is accompanied by a statement of the steps taken by the judicial commissioner and the difficulties in enforcement , even if the absence of mention of these steps does not render the application irregular . In fact, these mentions are not intended to authorize the prefect to assess the necessity of requesting law enforcement assistance, which is solely the responsibility of the judicial commissioner, but to inform him about the situation and the risks of disturbances that the eviction may entail . Consequently, the existence of an unsuccessful material attempt to enforce an eviction judgment by the judicial commissioner after the period given by the order to vacate the premises to the occupants does not constitute a legal condition for the State to grant law enforcement assistance .

The time period available to the administration to physically enforce a decision granting the assistance of law enforcement following the request of the judicial commissioner is, in the absence of special circumstances, a maximum of fifteen days .

The use of police officers in the physical enforcement of an eviction decision, must be proportionate to the requirements of the situation. In fact, the State's liability could be engaged for the non pecuniary damage caused to the victim, due to the gross negligence committed by police officers, who, in the physical enforcement of an eviction decision, acted with undue haste and a lack of precautions that neither the necessity of swift action nor the personality of the occupant justified .

Finally, lacking a jurisdictional nature, the decision to order the assistance of law enforcement for an eviction measure is not subject to appeal .

Cons. d'Et., 10 February 2014, LawLex202300000120JBJ.

Cons. d'Et., 16 October 1987, LawLex202300004322JBJ.

Cass. 3e civ., 5 June 2013, LawLex202200010417JBJ.

Cons. d'Et., 28 November 2014, LawLex202300000117JBJ.

Cons. d'Et., 25 July 2013, LawLex202300000116JBJ.

Cons. d'Et., 14 November 2011, LawLex202300000121JBJ.

Cons. d'Et., 27 January 2010, LawLex202300001632JBJ.

5. Civil Enforcement Procedures

47. Obligations

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Les notions juridiques connexes

47. Obligations

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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