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 from a building or inhabited place can only be pursued after service of an order to vacate the premises , which must be served to the person whose eviction has been ordered, but not necessarily to the occupant on their behalf . A simple order for seizure and sale cannot serve as an order to vacate the premises in the context of eviction proceedings .

On pain of nullity, Article R. 41 …

Mandatory information and issue of order

The eviction from a building or inhabited place can only be pursued after service of an order to vacate the premises , which must be served to the person whose eviction has been ordered, but not necessarily to the occupant on their behalf . A simple order for seizure and sale cannot serve as an order to vacate the premises in the context of eviction proceedings .

On pain of nullity, Article R. 411-1 of the Code of Civil Enforcement Procedures requires that the order to vacate the premises be served on the evicted person by act of a judicial commissioner. It must indicate the writ of execution under which the eviction is pursued, designate the court before which applications for extensions and all disputes related to the execution of eviction operations can be brought, mention the date from which the premises must be vacated  and warn the recipient that from that date, compulsory eviction of the debtor and any occupant on their behalf may proceed. Article R. 412-1 additionally requires, when the eviction concerns a place inhabited by the evicted person or any occupant on their behalf, that the order contains, under the same penalty, the reproduction of Articles L. 412-1 to L. 412-6 . The omission of any mention other than those referred to by these texts is not likely to result in the nullity of the order to pay . However, even if the order does not contain the prescribed mentions, nullity is only incurred if the person invoking it proves the harm caused by this irregularity .

The order, which may be issued in the act of service of the judgment, cannot, however, be served at the elected domicile .

Cass. 3e civ., 30 November 2005, LawLex202300004138JBJ; Cass. 2e civ., 23 June 2016, LawLex202300004029JBJ; Cass. 3e civ., 20 May 2021, LawLex202100004760JBJ.

CA Douai, 10 March 1994, LawLex202400009142JBJ.

Cass. 2e civ., 8 February 2007, LawLex202300010852JBJ, holding that the failure to indicate the date from which the premises must be vacated constitutes a defect in form that only results in the invalidity of the order if proof of prejudice is established.

For an illustration, See Cass. 3e civ., 30 September 2009, LawLex202300011314JBJ.

Cass. 2e civ., 27 September 2012, LawLex202400007952JBJ.

Cass. 2e civ., 13 July 2006, LawLex202300010848JBJ; 8 February 2007, LawLex202300010852JBJ; Cass. 3e civ., 30 September 2009, LawLex202300011314JBJ, previously cited.

5. Civil Enforcement Procedures

158. Mandatory information and issue of order

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158. Mandatory information and issue of order

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