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

The orientation hearing is the core of the real estate seizure procedure . It is during this hearing that the judge verifies whether the substantive conditions of the procedure are met and resolves the parties' disputes, most of which must necessarily be raised before the hearing or at the latest during it to be definitively settled. It is also during this hearing that the enforcement judge will decide whether the sale can take the form of an amicable sale or, on the contrary, must be carried out by way of auction. The decision made during the hearing is subject to limited appeal.

Key phase of procedure

145. Key phase of procedure