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 eviction procedure, like any eviction measure, can be fraught with difficulties that disrupt its progress.
The first case considered by the Code of Civil Enforcement Procedures is the reinstatement of the evicted person in the same premises after the eviction operations. Article R. 441-1 regards such reinstatement, without title, as an unlawful act. In such a scenario, new eviction operations  …

The eviction procedure, like any eviction measure, can be fraught with difficulties that disrupt its progress.

The first case considered by the Code of Civil Enforcement Procedures is the reinstatement of the evicted person in the same premises after the eviction operations. Article R. 441-1 regards such reinstatement, without title, as an unlawful act. In such a scenario, new eviction operations can be initiated based on the previously served order to vacate the premises, which continues to have effect. However, the search for rehousing solutions for the benefit of the evicted person is no longer required. Similarly, the enforcement judge may eliminate the two-month period following the order to vacate the premises .

The second case concerns disputes raised during the proceedings. Article R. 442-1 provides that they must be brought before the enforcement judge of the location of the property. This may involve a dispute regarding the validity of the writ under which the eviction is carried out, the conditions for resorting to law enforcement, or the judicial commissioner’s assessment of whether the goods furnishing the premises have market value at the time of the operations, etc. When the application concerns the enforcement of the court decision ordering the eviction, it may be filed with the registry of the enforcement judge by registered letter with acknowledgment of receipt or by application submitted or sent to the court registry . On pain of invalidity, such an application must contain a summary statement of reasons and the name and address of the defendant or, if it is a legal entity, its name and registered office . The registry is then required to inform the applicant by any means of the place, day, and time of the hearing, and the defendant must be summoned by registered letter with acknowledgment of receipt or verbally, against signature . When the enforcement judge grants the application for annulment of the eviction measure, particularly because the creditor did not have an enforceable title, they cannot reject the application for reinstatement on the grounds of the absence of the right of occupation of the evicted person .

Cass. 2e civ., 6 May 1999, LawLex202300011302JBJ.

Cass. 2e civ., 16 May 2019, LawLex202300004133JBJ.

5. Civil Enforcement Procedures

163. Difficulties in enforcement

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

163. Difficulties in enforcement

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise