Tangible Movable Property And Law Receivables
LexInter | December 6, 2003 | 0 Comments

Tangible Movable Property And Law Receivables

Section I: Tangible movable property and claims.

Article 39
Modified by Decree 97-375 1997-04-17 art. 1 JORF April 20, 1997.

For the application of article 14 (4 °) of the law of July 9, 1991, the following cannot be seized as being necessary for the life and work of the debtor seized and his family:

Clothes ;

The bedding ;

Linens ;

Objects and products necessary for personal care and maintenance of the premises;

Foodstuffs ;

Household items necessary for the preservation, preparation and consumption of food;

The appliances necessary for heating;

The table and chairs for eating together;

A piece of furniture to house linen and clothes and a piece of furniture to store household items;

A washing machine;

Books and other items necessary for the pursuit of studies or vocational training;

Children’s objects;

Memories of a personal or family nature;

Apartment or guard animals;

The animals intended for the subsistence of the seized, as well as the foodstuffs necessary for their breeding;

The work tools necessary for the personal exercise of professional activity.

A telephone set allowing access to the fixed telephone service.

Article 40

However, the goods listed in the previous article remain seizable under the conditions provided for in article 14 (4 °) of the law of July 9, 1991.

Article 41

The goods listed in article 39 are not seizable for any claim, even of the State, except for payment of the sums due to their manufacturer or seller or to the one who will have lent to buy, manufacture or repair them.

Article 42

Objects essential to disabled people or intended for the care of sick people can never be seized, not even for payment of their price, manufacture or repair.

Article 43

For the application of article 14 (2 °) of the law of July 9, 1991, the debtor who claims that the sums received by him have a maintenance character may apply to the enforcement judge who will determine the exempt portion.

The judge refers as necessary to the scale set to determine the exemption from seizure of labor remuneration.

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