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
II: Choice between amicable and forced sale
III: Appeal against orientation judgment
Section 3: Phase subsequent to orientation hearing
Chapter 2: Evictions
146. Assessment of the conditions of seizure and challenges raised
1 minute de lecture
The orientation hearing begins with the enforcement judge verifying that the conditions for the validity of the real estate seizure set by Articles L. 311-2, L. 311-4, and L. 311-6 of the Code of Civil Enforcement Procedures are met . The judge must ensure that the seizing creditor holds an enforceable title evidencing a liquid and due claim . The liquidity of the claim is established, in the case …