5. Civil Enforcement Procedures
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: General regime of enforcement procedures
Part 2: Penalty
Part 3: Interim protective measures (mesures conservatoires)
Title 1: Enforcement measures on movable property
Section 1: Formalities prior to the orientation hearing
I: Office of the judge
III: Appeal against orientation judgment
Section 3: Phase subsequent to orientation hearing
Chapter 2: Evictions
147. Legislator's preference for amicable sale
1 minute de lecture
Pursuant to Article R. 322-15 of the Code of Civil Enforcement Procedures, during the orientation hearing, the enforcement judge, after hearing the parties present or represented, determines the modalities for continuing the procedure by authorizing an amicable sale at the debtor's request or ordering a forced sale. The use of the first option, more favorable for all stakeholders as it avoids a si …