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

When the enforcement judge orders the compulsory sale, they set the date for the hearing at which it will take place within a period of two to four months from the pronouncement of their decision . If the date has been set by the Court of Appeal after it has annulled the orientation judgment for lack of reasoning and ordered the compulsory sale, the enforcement judge has the power to modify it if necessary .

The forced sale can only be postponed in cases of force majeure or at the request of the over-indebtedness commission . The appeal filed against the orientation judgment does not constitute a legitimate reason for postponement . The request to postpone a forced sale constitutes an incidental claim that must be made by submissions signed by a lawyer, under penalty of lapse of the order to pay . When the forced sale is adjourned to a later hearing, a new publication is made in the forms and time limits of the first forced sale . The postponement judgment is subject to immediate appeal, and not to an appeal to the Court of Cassation .

On the specified day, the pursuing creditor or, failing that, any registered creditor, then subrogated in the proceedings, requests the sale. If no creditor requests the sale, the court notes the lapse of the order to pay deemed as seizure . In this case, the defaulting pursuing creditor bears all the seizure costs incurred, unless the court decides otherwise with a specially reasoned decision .

Cass. 2e civ., 11 March 2010, LawLex202200010954JBJ.

Cass. 2e civ., 10 June 2010, LawLex202400003770JBJ.

Cass. 2e civ., 22 February 2012, LawLex202300010365JBJ.

Cass. 2e civ., 10 April 2014, LawLex202300011230JBJ.

For an application, ee Cass. 2e civ., 10 June 2010, LawLex202400003770JBJ.

Date and conduct of hearing

151. Date and conduct of hearing