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

Drawn up under the responsibility of the pursuing creditor , the schedule of conditions of sale aims to inform potential bidders of the conditions under which the property will be sold if the method of compulsory sale is chosen during the orientation hearing. It must be filed, for consultation by third parties, no later than the fifth business day following the writ of summons served on the seized …

Content

Drawn up under the responsibility of the pursuing creditor , the schedule of conditions of sale aims to inform potential bidders of the conditions under which the property will be sold if the method of compulsory sale is chosen during the orientation hearing. It must be filed, for consultation by third parties, no later than the fifth business day following the writ of summons served on the seized debtor, at the registry of the enforcement judge. The schedule must also be available for consultation at the office of the pursuing creditor's lawyer.

Article R. 322-10 of the Code of Civil Enforcement Procedures lists the mandatory information that must be included in the conditions of sale document. A copy of the writ of summons served on the debtor and a mortgage statement certified as of the date of publication of the order to pay deemed as seizure must be attached to this document. The conditions of sale document must include, on pain of invalidity, the statement of the writ of execution under which the proceedings are conducted, the breakdown of amounts owed to the pursuing creditor in principal, costs, and accrued interest, as well as the indication of the rate of default interest, the statement of the order to pay deemed as seizure with mention of its publication and other acts and judgments rendered subsequently, and the description of the seized property, the origin of the property, the easements encumbering the property, the leases granted on it, and the record of description . The conditions of sale document also includes the terms of the judicial sale and the reserve price set by the pursuing creditor, as well as the designation of a trustee for the funds from the sale or the Caisse des dépôts et consignations . Finally, according to Article L. 271-4 of the Construction Code, the conditions of sale document must contain a technical diagnostic file including the parasitic, sanitary, and energy condition of the property.

The stipulations of the terms of sale may be contested by any interested party, except for the amount of the reserve price, which, pursuant to Article L. 322-6 of the Code of Civil Enforcement Procedures, can only be modified at the request of the debtor . In application of this principle, the successful bidder may contest the clause inserted by the pursuing creditor, the condominium association, which specifically advantages it over other creditors by providing that arrears of charges owed by the debtor are added to the sale price .

Cass. 2e civ., 23 February 2017, LawLex202300010426JBJ, emphasizing that the schedule of conditions of sale filed with the court registry within the legal time limit, but without the record of description, which was only attached later, is not invalid in the absence of proof of prejudice resulting from this irregularity. See also Cass. 2e civ., 15 October 2015, LawLex202300010346JBJ, specifying that the record of description of a building is an integral part of the schedule of conditions of sale and that an agreement recording a right of habitation mentioned therein is enforceable against the purchaser.

Cass. 2e civ., 13 November 2014, LawLex202300010407JBJ, considering that an erroneous mention designating the president of the bar association or the lawyers' professional settlement fund as the escrow agent for the sale price is not likely to result in the invalidity of the schedule of conditions of sale and the subsequent lapse of a payment order deemed as a real estate seizure, in the absence of any prejudice resulting from this irregularity.

For an illustration, see Cass. 2e civ., 28 June 2018, LawLex202300003951JBJ.

Cass. 3e civ., 6 March 1991, LawLex202400003728JBJ.

5. Civil Enforcement Procedures

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