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 purchaser has not been able to pay the price, the taxed costs, or the transfer duties within the prescribed time limits, the property must be resold at the request of the pursuing creditor, a registered creditor, or the seized debtor, under the conditions of the first forced sale . Indeed, pursuant to Article L. 322-12 of the Code of Civil Enforcement Procedures, the sale is automatically …

Procedure for re-auction (réitération)

When the purchaser has not been able to pay the price, the taxed costs, or the transfer duties within the prescribed time limits, the property must be resold at the request of the pursuing creditor, a registered creditor, or the seized debtor, under the conditions of the first forced sale . Indeed, pursuant to Article L. 322-12 of the Code of Civil Enforcement Procedures, the sale is automatically rescinded in the absence of payment of the price or its deposit and payment of the costs.

The person pursuing the reiteration of auctions must obtain from the court registry a certificate stating that the successful bidder has not provided proof of payment of the price or its deposit, or of the payment of taxed costs or transfer duties. The absence of deposit or payment of the price and payment of costs must be established on the date the judge rules, whether during the procedure for reiteration of auctions  or in an action aimed solely at this rescission .

Furthermore, the person pursuing the reiteration of auctions must serve the certificate to the debtor, the successful bidder, and, if applicable, the creditor who requested the sale. In addition to the mandatory information for acts of a judicial commissioner, the service made to the purchaser must, on pain of invalidity, include a demand to pay the price, the taxed costs, and the transfer duties within eight days. The successful bidder may contest the certificate within fifteen days following its service. This period starts from the personal service made to the successful bidder and not from the last service date of the certificate . The decision of the enforcement judge ruling on this contestation is not subject to appeal .

If the successful bidder fails to comply with the summons made to them, the property is resold through a new auction. The new sale hearing is set by the enforcement judge upon the request of the party seeking the reiteration of bids, on a date within two to four months following the date of service of the court registry certificate to the purchaser. In case of a challenge to the certificate provided for in Article R. 322-67, this period runs from the date of the rejection decision. The seized debtor, the pursuing creditor, and the registered creditors must be notified by the court registry of the hearing date by registered letter with acknowledgment of receipt . The defaulting bidder, who remains the owner of the auctioned property until the rescission of the sale is recorded, must also be summoned to the auction hearing for the reiteration of bids, in which they are a party .

The publication formalities are reiterated in the forms and conditions provided for ordinary law publication. They also include the amount of the adjudication . On the day of the hearing, the bids are reiterated under the conditions applicable to the initial bids . Despite the absence of reference to the provisions regulating outbidding, it is not excluded in the event of a reiteration of the sale , unless the latter occurred following an overbid, pursuant to the principle “overbid on overbid is not valid” . The defaulting purchaser of the initial sale remains liable for the taxed costs of that adjudication. After a period of two months following it, they are liable for interest at the legal rate on their bid until the new sale. The person declared purchaser at the end of the new adjudication must pay the costs related to it .

Cass. 2e civ., 2 February 2023, LawLex202300010989JBJ; 1 October 2020, LawLex202200003347JBJ.

Cass. 2e civ., 15 January 2004, LawLex202400003767JBJ.

Cass. 2e civ., 3 February 2022, LawLex202200003354JBJ. See already, Cass. 2e civ., 11 July 2013, LawLex202300004125JBJ.

Cass. 2e civ., 16 December 2010, LawLex202300010990JBJ.

CPC exéc., Art. R. 322-68. Cf., when the judgment also dismissed a party's application for reiteration of bids, Cass. 2e civ., 24 March 2022, LawLex202300010992JBJ.

Cass. 2e civ., 9 June 2022, LawLex202300004124JBJ.

Cass. 2e civ., 7 January 2016, LawLex202300010995JBJ.

5. Civil Enforcement Procedures

155. Procedure for re-auction (réitération)

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155. Procedure for re-auction (réitération)

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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