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 Code of Civil Enforcement Procedures assigns a dual obligation to the third-party debtor (tier saisi): they must not obstruct proceedings initiated for the enforcement or preservation of claims, and they must provide their assistance when legally required .
Furthermore, Article L. 211-3 requires it to declare to the creditor the extent of its obligations towards the debtor, the terms that migh …

Actions and abstentions

The Code of Civil Enforcement Procedures assigns a dual obligation to the third-party debtor (tier saisi): they must not obstruct proceedings initiated for the enforcement or preservation of claims, and they must provide their assistance when legally required .

Furthermore, Article L. 211-3 requires it to declare to the creditor the extent of its obligations towards the debtor, the terms that might affect them, and, if applicable, any prior assignments of claims, delegations, pledges, or seizures. The declaration by the third-party debtor must be made immediately to the judicial commissioner .

In the event of refusal to disclose or making an inaccurate or false statement, the third party may be ordered to pay the costs of the seizure and damages, even if the creditor subsequently obtained the legally required information after the measure was carried out . Therefore, the third party subject to seizure does not fulfill their obligation to provide information in the case of partial failure to declare, unless there is a legitimate reason . The legitimate reason is established when a delay has been accepted by the creditor instead of an immediate response . No text requires the third party subject to seizure to immediately provide the judicial commissioner who questions them with the legitimate reason allowing them to delay their response . More specifically, no provision obliges the third party subject to seizure to declare to the seizing creditor the extent of the partnership rights and securities that the debtor still holds .

Finally, pursuant to Article L. 141-2, para. 2, of the Code of Civil Enforcement Procedures, if the seizure concerns tangible property, the third-party holder in whose hands the seizure was carried out is deemed the custodian of the seized items.

Cass. 2e civ., 10 November 2010. LawLex202200010789JBJ.

Cass. 2e civ., 4 February 2021, LawLex202200010124JBJ.

Cass. 2e civ., 24 June 1998, LawLex202200010874JBJ.

Cass. 2e civ., 8 September 2011, LawLex202200010773JBJ.

Cass. 2e civ., 7 March 2002, LawLex202200010880JBJ.

Cass. 2e civ., 1 February 2001, LawLex202200010122JBJ; 8 April 1999, LawLex202200010123JBJ.

5. Civil Enforcement Procedures

17. Actions and abstentions

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

17. Actions and abstentions

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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