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

In terms of court-ordered writs, prescription plays an important role as it limits the duration during which a creditor can pursue compulsory enforcement based on a writ of execution. According to Article L. 111-4, para. 1, of the Code of Civil Enforcement Procedures, “the enforcement of writs of execution in 1° to 3° of Article L. 111-3 can only be pursued for ten years, unless the actions for th …

Limitation period for action based on writ of execution

In terms of court-ordered writs, prescription plays an important role as it limits the duration during which a creditor can pursue compulsory enforcement based on a writ of execution. According to Article L. 111-4, para. 1, of the Code of Civil Enforcement Procedures, “the enforcement of writs of execution in 1° to 3° of Article L. 111-3 can only be pursued for ten years, unless the actions for the recovery of claims recorded therein are subject to a longer prescription period” .

Referred for an advisory opinion, the Court of Cassation clarified the interpretation to be given to Article L. 114-4 regarding periodic claims . It indicates that these claims are not subject to the same time constraint as other claims mentioned in the writ of execution and allows creditors to pursue their recovery beyond the ten-year period provided by law. It should be noted, however, that this decision only concerns periodic claims arising from a writ of execution and that other claims mentioned in the writ remain subject to the ten-year period for their enforcement. The limitation of action based on a writ of execution ensures legal certainty by limiting the time within which compulsory enforcement measures provided by the writ can be implemented. It requires the creditor to act promptly to obtain payment or enforcement of their claim, under penalty of losing their right to compulsory enforcement.

See, for an application, Cass. 1re civ., 4 November 2015, LawLex202200011167JBJ.

Cass. civ., 4 July 2016, LawLex202200011169JBJ.

5. Civil Enforcement Procedures

31. Limitation period for action based on writ of execution

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31. Limitation period for action based on writ of execution

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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