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 decision on the admissibility of the debtor's application submitted to the Commission de surendettement (over-indebtedness commission) results in a suspension, or even a halt, of enforcement measures . At the debtor's request, the Commission may, from the filing of the case until the decision ruling on the admissibility of the application for the treatment of the overindebtedness situation, re …

Suspension of enforcement measures

The decision on the admissibility of the debtor's application submitted to the Commission de surendettement (over-indebtedness commission) results in a suspension, or even a halt, of enforcement measures . At the debtor's request, the Commission may, from the filing of the case until the decision ruling on the admissibility of the application for the treatment of the overindebtedness situation, refer the matter to the judge of the protection litigation for the purpose of suspending enforcement proceedings initiated against the debtor's assets .

In return, the debtor is prohibited from aggravating the insolvency and from obtaining any guarantee or security. In the event of undue resistance, the enforcement judge may order the debtor to pay damages . When the examination of the application for handling the over-indebtedness situation reveals that the debtor owns real estate, the Commission strives to reconcile the parties to develop a contractual recovery plan approved by the debtor and their main creditors . The contractual plan may include measures for deferring or rescheduling debt payments, debt write-offs, reduction or elimination of interest rates, or measures to consolidate, create or substitute guarantees , the total duration of which may not exceed seven years . During the processing of a situation excessive debt, a creditor may always bring proceedings before the trial court to obtain a writ of execution, but its enforcement will be deferred for the entire duration of the plan . The measures for rescheduling and deferring debt payments only result in the suspension of enforcement proceedings for their settlement. However, an eviction measure for the occupants of the property in question may continue .

Cass. 2e civ., 22 March 2006, LawLex202200010733JBJ.

Cass. 2e civ., 30 May 1995, LawLex200500008165JBJ.

5. Civil Enforcement Procedures

12. Suspension of enforcement measures

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12. Suspension of enforcement measures

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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