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

Having authorized the amicable sale in the orientation judgment, the enforcement judge must set the price below which the property cannot be sold, considering the economic market conditions, without delegating this estimation to the parties , as well as, if applicable, the specific conditions of the sale. The judge must also assess the pursuit costs at the request of the pursuing creditor and set  …

Amicable sale hearing

Having authorized the amicable sale in the orientation judgment, the enforcement judge must set the price below which the property cannot be sold, considering the economic market conditions, without delegating this estimation to the parties , as well as, if applicable, the specific conditions of the sale. The judge must also assess the pursuit costs at the request of the pursuing creditor and set the date for the hearing at which the case will be recalled within a period not exceeding four months . This hearing aims to verify the compliance of the sale with the set conditions. It necessarily takes place before the enforcement judge .

The debtor undertakes the necessary steps to conclude the amicable sale. Upon request, they report to the pursuing creditor on the steps taken for this purpose . At the referral hearing, the judge may only grant an additional period to complete the amicable sale if the applicant provides proof of a written commitment to purchase and to allow for the drafting and conclusion of the authentic deed of sale. This period cannot exceed three months . However, granting an additional three-month period to the seized debtor to complete an amicable sale is not an obligation for the judge .

When the amicable sale is effectively concluded, it produces the effects of a voluntary sale. It cannot give rise to rescission for lesion . The notarized deed of sale can only be drawn up upon deposit of the price with the Caisse des dépôts et consignations and proof of payment of the sale costs and taxed expenses . The notary responsible for drawing up the deed of sale may obtain, against receipt, the delivery by the pursuing creditor of the documents collected for the preparation of the schedule of conditions of sale . The sale price of the property as well as any sum paid by the purchaser for any reason whatsoever are deposited with the Caisse des dépôts et consignations and allocated to the creditors participating in the distribution and, if applicable, to the debtor, to be distributed to them . Then, the matter is recalled at a hearing to approve the amicable sale. The court must ensure that the deed of sale complies with the conditions it has set and that the price has been deposited. It only acknowledges the sale when these conditions are met. It then orders the cancellation of the mortgage and privilege registrations taken on behalf of the debtor. Its judgment is not subject to appeal. The land registry service that publishes the judgment notes it in the margin of the publication of the copy of the order and proceeds with the cancellation of the corresponding registrations .

The pursuing creditor may, at any time, summon the debtor before the court to have their default established and to order the resumption of the procedure for forced sale , without the resumption of proceedings necessarily being contingent upon proof of this default . If the application is made at the referral hearing, the creditor may proceed orally, without having to summon the judge by way of a writ of summons . If this application is granted, the decision to resume is notified to the seized debtor, the pursuing creditor, and the registered creditors . It is not subject to appeal .

Cass. 1re civ., 1 March 2017, LawLex202300010964JBJ.

Cass. 2e civ., 13 January 2012, LawLex202300010969JBJ.

Cass. 2e civ., 6 January 2011, LawLex202400003736JBJ.

For an illustration, see Cass. 2e civ., 26 January 2017, LawLex202300010967JBJ.

Cass. 2e civ., 23 October 2008, LawLex202400003731JBJ.

5. Civil Enforcement Procedures

149. Amicable sale hearing

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

149. Amicable sale hearing

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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