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

Like any enforcement measure, real estate seizure is available to the creditor holding a writ of execution evidencing a liquid and payable claim . Unlike other procedures, however, when the proceedings are initiated based on a provisionally enforceable court decision, the forced sale can only occur after a final decision has acquired the authority of res judicata . The real estate seizure procedure aims at the forced sale of the debtor's property or, if applicable, the third-party purchaser, for the distribution of its price . It is an act of disposition for the creditor, who is entitled to be awarded the property in the absence of bids, and can generally only be initiated by a person with legal capacity . It may involve both real estate and real rights related to real estate, including their accessories deemed real estate, which may be subject to transfer . However, the creditor can only seize multiple properties of the debtor if the seizure of one or some of them is insufficient to satisfy the creditor and the registered creditors. Similarly, the creditor can only seize properties not mortgaged in their favor if the mortgage they hold does not allow them to be fully satisfied . Furthermore, the properties of a minor, even if emancipated, or of an adult under guardianship or curatorship cannot be seized before the discussion of their movable property . When the properties are jointly owned, the seizure must be pursued against both spouses .

The procedure for the seizure of real estate, which continues before the enforcement judge of the Judicial Court in whose jurisdiction the seized property is located , is a mandatory public policy provision: any agreement by which, in the absence of fulfillment of commitments made to him, the creditor could sell the debtor's properties outside the prescribed forms for real estate seizure would be void . The procedure is organized into several stages, bound by strict deadlines, with the core being the orientation hearing, which aims to promote the amicable sale of the property, and, failing that, its forced sale. This hearing, during which the main disputes must be resolved, is preceded by a preparatory phase and followed by the actual sale operations and distribution of the proceeds from the sale.

CPC exéc., Art. L. 311-8. However, the text specifies that the discussion of movables is not required before the seizure of undivided real estate between an adult and a minor or an adult under guardianship or curatorship, if the debt is common to them. It is also not required in cases where proceedings began before the adult was placed under guardianship or curatorship.

Context

139. Context