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

Court bailiffs, who became judicial commissioners with the Ordinance of 2 June 2016, effective 1 July 2022 , are the guarantors of the legality of enforcement actions . According to Article L. 122-1 of the Code of Civil Enforcement Procedures, only they can carry out compulsory enforcement and protective seizures. The law requires them to provide their services or assistance unless the requested m …

Guarantor of the legality of proceedings

Court bailiffs, who became judicial commissioners with the Ordinance of 2 June 2016, effective 1 July 2022 , are the guarantors of the legality of enforcement actions . According to Article L. 122-1 of the Code of Civil Enforcement Procedures, only they can carry out compulsory enforcement and protective seizures. The law requires them to provide their services or assistance unless the requested measure appears to them to be unlawful or if the amount of the fees seems likely to exceed the amount of the claimed debt, unless the latter results from a symbolic judgment that the debtor refuses to execute.

Judicial commissioners have an exclusive right to enforce judgment and are required to exercise due care with regard to the conditions for initiating proceedings. The duty of care is a fundamental principle for the judicial commissioner, who must perform their mission with the utmost care and professionalism. They must, in particular, verify that the provisional title under which they carry out a seizure at the risk of the instructing creditor remains enforceable on the date of the seizure . Furthermore, even if mandated by a lawyer, the judicial commissioner - who performs his or her assignment alone - may be held liablr to the creditor for failing to  demand payment of late payment interest from the debtor . Faced with uncertainty regarding the recovery of a claim, they must either refrain from proceeding with the recovery or submit the issue to the enforcement judge .

Ordinance No 2016-728 of 2 June 2016 on the status of judicial commissioner, OJ 3 June 2016.

Cass. 1re civ., 13 May 2014, LawLex202300000294JBJ.

Cass. 1re civ., 13 May 2014, LawLex202300000294JBJ, previously cited, holding its obligation to verify whether the order constituting the writ of execution has not been overturned; 28 September 2016, LawLex202300000295JBJ, requiring the judicial commissioner to inquire about any possible enforcement.

Cass. 2e civ., 21 November 2002, LawLex202300000296JBJ.

Cass. 1re civ., 22 March 2012, LawLex202200010420JBJ.

5. Civil Enforcement Procedures

49. Guarantor of the legality of proceedings

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Les notions juridiques connexes

49. Guarantor of the legality of proceedings

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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