LexInter | January 24, 2006 | 0 Comments

LAW OF JULY 9, 1991 CONSOLIDATED VERSION

 

Article 1
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

Any creditor may, under the conditions provided for by law, compel his defaulting debtor to perform his obligations towards him.

Any creditor can take a precautionary measure to ensure the protection of his rights.

Forced execution and precautionary measures are not applicable to persons who enjoy immunity from execution.

 

Article 2
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 The creditor provided with an enforceable title establishing a liquid and exigible debt can continue the enforcement of it on the assets of his debtor under the conditions specific to each execution measure.

 

 

Article 3
Modified by Law n ° 99-957 of November 22, 1999 art. 4 (JORF November 23, 1999).

 

The only enforceable titles are:

1 ° The decisions of the courts of the judicial or administrative order as well as the transactions submitted to the president of the tribunal de grande instance when they are enforceable;

2 ° Foreign acts and judgments as well as arbitral awards declared enforceable by a decision not liable to a suspensive appeal of execution;

3 ° Extracts from the conciliation minutes signed by the judge and the parties;

4 ° Notarial acts bearing the enforceable form;

5 ° The title issued by the bailiff in the event of non-payment of a check;

6 ° Certificates issued by legal persons governed by public law qualified as such by law, or decisions to which the law attaches the effects of a judgment.

 

 

Article 4
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

 

The claim is liquid when it is valued in money or when the security contains all the elements allowing its valuation.

 

Chapter I: Of the judicial authority.
Section 1: The execution judge.

Article 5

amended the following provisions:

Article 6

 

amended the following provisions: 

Article 7

amended the following provisions:

Article 8

 

amended the following provisions:

Article 9

 

amended the following provisions:
 

 

Article 10
Modified by Ordinance n ° 2006-461 of April 21, 2006 art. 16 (JORF April 22, 2006 in force January 1, 2007).

 

Subject to the special provisions applicable to the forced sale of buildings, before the execution judge the parties have the option of being assisted or represented according to the rules applicable before the district court.

 

NOTE: Ordinance 2006-461 of April 21, 2006 art. 25: This ordinance comes into force on the date of the entry into force of the decree of the Council of State provided for in article 23. Article 168 of decree 2006-936 of July 27, 2006 sets this date as the 1st January 2007.

 

Section 2: The public prosecutor.

Article 11
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

The public prosecutor oversees the execution of judgments and other enforceable titles.

 

 

Article 12
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 The public prosecutor can order all the judicial officers within his jurisdiction to lend their ministry.

He ex officio pursues the execution of court decisions in the cases specified by law.

 

Chapter II: General provisions.
Section 1: Seizable goods.

Article 13
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 Seizures can relate to all assets belonging to the debtor even though they are held by third parties.

They may also relate to conditional, term or successive performance debts. The specific terms of these obligations are binding on the seizing creditor.

 

Article 14
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

Cannot be entered:

1 ° The goods which the law declares exempt from seizure;

2 ° Provisions, sums and pensions of a maintenance nature, except for the payment of maintenance already provided by the seizor to the garnishee;

3 ° The available assets declared exempt from seizure by the testator or the donor, except, with the permission of the judge and for the portion he determines, by the creditors subsequent to the deed of gift or the opening of the bequest;

4 ° Movable property necessary for the life and work of the garnishee and his family, except for payment of their price, within the limits set by decree of the Council of State and subject to the provisions of the seventh paragraph of this article; However, they remain subject to seizure if they are in a place other than the one where the garnishee usually lives or works, if they are valuable goods, in particular because of their importance, their material, their rarity, their seniority. or of their luxurious character, if they lose their character of necessity because of their quantity or if they constitute physical elements of a goodwill;

5 ° Items essential to disabled people or intended for the care of sick people.

The goods referred to in 4 ° may not be seized, even for payment of their price, when they are the property of beneficiaries of social assistance for children provided for in articles 150 to 155 of the Family and Family Code. welfare.

The buildings by destination cannot be seized independently of the building, except for payment of their price.

 

 

Article 15
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 Unseizable debts, the amount of which is paid into an account, remain exempt from seizure under the conditions provided for by decree of the Council of State.

 

Section 2: The assistance of the public force.

Article 16
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

The State is required to assist in the execution of judgments and other enforceable titles. The refusal of the State to lend its assistance gives rise to the right to compensation.

 

 

Article 17
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

The judicial officer in charge of the execution may request the assistance of the public force.

 

Section 3: The persons responsible for the execution.

Article 18
Modified by Law n ° 92-644 of July 13, 1992 art. 1 (JORF July 14, 1992).

 

Only the bailiffs responsible for the execution can proceed with the forced execution and the protective seizures.

They are required to lend their ministry or assistance except, and subject to referring it to the execution judge if they deem it necessary, when the required measure appears to them to be unlawful or if the amount of the costs appear to be illegal. clearly likely to exceed the amount of the debt claimed, with the exception of symbolic sentences that the debtor refuses to execute.

 

 

Article 19
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

The judicial officer in charge of enforcement is responsible for the conduct of enforcement operations. He is empowered, when the law so requires, to ask the execution judge or the public prosecutor to give the authorizations or to prescribe the necessary measures.

If a difficulty arises in the execution, he draws up a report and has it decided by the execution judge who hears his observations, the debtor heard or called.

 

Article 20
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

At the expiration of a period of eight days from an order to pay served by a bailiff and having no effect, the latter may, upon justification of the enforceable title, enter a place used for habitation. and, if necessary, have the doors and furniture opened.

 

 

Article 21
Modified by Ordinance n ° 2006-461 of April 21, 2006 art. 17 I (JORF April 22, 2006 in force January 1, 2007).

 

In the absence of the occupant of the premises or if the latter refuses access, the judicial officer in charge of the execution can enter it only in the presence of the mayor of the municipality, a municipal councilor or a municipal official delegated by the mayor for this purpose, a police or gendarmerie authority, required to witness the progress of operations or, failing that, two adult witnesses who are not in the service of either the creditor or the judicial officer responsible for the execution.

Under the same conditions, the furniture can be opened.

The bailiff mandated by the prosecuting creditor to proceed with the description of a building subject to seizure may not enter the premises occupied by a third party by virtue of a right enforceable against the debtor without prior authorization. of the execution judge, in the absence of agreement from the occupant. 

NOTE: Ordinance 2006-461 of April 21, 2006 art. 25: This ordinance comes into force on the date of the entry into force of the decree of the Council of State provided for in article 23. Article 168 of decree 2006-936 of July 27, 2006 sets this date as the 1st January 2007.

 

 

Article 21-1
Modified by Ordinance n ° 2006-461 of April 21, 2006 art. 17 II (JORF April 22, 2006 in force January 1, 2007).

 The provisions of Articles 20 and 21 do not apply to expulsion. However, the judicial officer responsible for the execution of the expulsion measure may proceed as stated in the first and second paragraphs of article 21 to ascertain that the expelled person and the occupants on his behalf have voluntarily released the premises subsequent to the service of the order provided for in article 61.

NOTE: Ordinance 2006-461 of April 21, 2006 art. 25: This ordinance comes into force on the date of the entry into force of the decree of the Council of State provided for in article 23. Article 168 of decree 2006-936 of July 27, 2006 sets this date as the 1st January 2007.

 

Section 4: The parties and third parties.

Article 22
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

The creditor has the choice of the appropriate measures to ensure the execution or the preservation of his claim. The execution of these measures may not exceed what is necessary to obtain payment of the obligation.

The enforcement judge has the power to order the lifting of any unnecessary or abusive measure and to condemn the obligee to damages in the event of abuse of attachment.

 

 

Article 22-1
Created by Law n ° 94-126 of February 11, 1994 art. 47 (JORF February 13, 1994).

When the holder of a contractual claim having its cause in the professional activity of an individual entrepreneur intends to pursue the forced execution of an enforceable title on the property of this entrepreneur, the latter may, notwithstanding the provisions of 4 ° of article 14 of this law and if it establishes that the goods necessary for the operation of the company are of sufficient value to guarantee the payment of the debt, ask the creditor that the execution be in priority continued on these.

If the creditor establishes that this proposal jeopardizes the recovery of his debt, he can oppose the request.

Unless there is intention to harm, the liability of the obligee who opposes the request of the obligor cannot be sought.

IV. The provisions of III above do not apply to enforcement proceedings initiated before the entry into force of this law.

 

Article 23
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

In the event of undue resistance, the debtor may be ordered to pay damages by the enforcement judge.

 

 

Article 24
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 Third parties may not obstruct proceedings initiated for the enforcement or preservation of claims. They must provide assistance when legally required.

Anyone who, without a legitimate reason, avoids these obligations may be forced to fulfill them, if necessary under penalty of penalty, without prejudice to damages.

Under the same conditions, the third party in whose hands a seizure is carried out may also be ordered to pay the causes of the seizure, except for recourse against the debtor. 

 

Article 25
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

When the measurement must be carried out in the hands of a public accountant, any creditor holding an enforceable title or an authorization for a precautionary measure may request the authorizing officer to indicate to him the public accountant responsible for the expenditure as well. as all the information necessary for the implementation of the measure.

 

 

Article 26
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

Unless otherwise provided, the exercise of an execution measure and a precautionary measure is considered an act of administration, subject to the provisions of the Civil Code relating to the receipt of funds.

 

 

Article 27
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

Any person who, on the occasion of a measure suitable for ensuring the execution or preservation of a debt, avails himself of a document, is required to communicate it or give a copy thereof, if not in the event that it had been notified previously.

 

Section 5: Execution operations.

Article 28
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 No execution measure may be carried out on a Sunday or on a public holiday, except in case of necessity and by virtue of a special authorization from the judge.

No execution measure can be started before six o’clock and after twenty-one o’clock except, in case of necessity, with the authorization of the judge and only in places which are not used for habitation.

 

 

Article 29
Modified by Law n ° 92-1336 of December 16, 1992 art. 318 (JORF December 23, 1992 in force March 1, 1994).

 

The act of seizure renders the property which is the subject of it unavailable.

If the seizure relates to tangible property, the seized debtor or the third party holder in whose hands the seizure was made is deemed to be the custodian of the seized objects under the penalties provided for by article 314-6 of the penal code.

If the attachment relates to a debt, it interrupts the limitation period.

 

 

Article 30
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

When the seizure is made in the absence of the debtor or any person present in the premises, the judicial officer ensures the closing of the door or the exit through which he would have entered the said premises.

 

 

Article 31
Modified by Ordinance n ° 2006-461 of April 21, 2006 art. 18 (JORF April 22, 2006 in force January 1, 2007).

 

Subject to the provisions of Article 2191 of the Civil Code, forced execution may be continued until its term by virtue of a provisional enforceable title.

The performance is continued at the risk of the creditor who, if the title is subsequently modified, must restore the debtor in his rights in kind or by equivalent. 

NOTE: Ordinance 2006-461 of April 21, 2006 art. 25: This ordinance comes into force on the date of the entry into force of the decree of the Council of State provided for in article 23. Article 168 of decree 2006-936 of July 27, 2006 sets this date as the 1st January 2007.

 

 

Article 32
Modified by Law n ° 99-957 of November 22, 1999 art. 1 (JORF November 23, 1999).

 

With the exception of the proportional rights of recovery or collection which may be partially charged to the creditors under conditions set by decree in the Council of State, the costs of the forced execution are the responsibility of the debtor, except if it is evident that they were not needed at the time they were exposed.

The disputes are settled by the execution judge.

Unless they relate to an act the accomplishment of which is prescribed by law, the recovery costs undertaken without an enforceable title remain the responsibility of the creditor. Any contrary stipulation shall be disregarded.

However, the creditor who justifies the necessary nature of the steps taken to recover his debt may ask the enforcement judge to leave all or part of the costs thus incurred to be borne by the bad faith debtor.

The activity of natural or legal persons not subject to professional status who, habitually or occasionally, even on an ancillary basis, proceed to the amicable recovery of debts on behalf of others, is subject to regulations. fixed by decree in the Council of State. 

Section 6: The penalty.

Article 33
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

Any judge may, even ex officio, order a penalty to ensure the execution of his decision.

The enforcement judge may attach a penalty to a decision rendered by another judge if the circumstances make it necessary to do so.

 

 

Article 34
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

The penalty is independent of the damages.

The penalty is temporary or definitive. The penalty must be considered provisional, unless the judge has specified its final nature.

A final penalty can only be ordered after the pronouncement of a temporary penalty payment and for a period determined by the judge. If one of these conditions has not been respected, the penalty payment is liquidated as a temporary penalty payment.

 

 

Article 35
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

 

The penalty, even final, is liquidated by the execution judge, unless the judge who ordered it remains seized of the case or expressly reserves the power to do so.

 

 

 

Article 36
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

The amount of the temporary fine is settled taking into account the behavior of the person to whom the injunction was addressed and the difficulties he encountered in executing it.

The rate of the definitive fine can never be modified during its liquidation.

The temporary or definitive penalty is canceled in whole or in part if it is established that the non-execution or delay in the execution of the judge’s injunction results, in whole or in part, from a foreign cause.

 

 

Article 37
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

 

The judge’s decision is automatically enforceable by provision.

 

Section 7: The distribution of funds.

Article 38
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 The procedures for the distribution of funds resulting from the execution are governed by decree in the Council of State.

 

Chapter III: Provisions specific to enforcement measures.
Section 1: The search for information.

Article 39
Modified by Law n ° 2004-130 of February 11, 2004 art. 59 (JORF February 12, 2004).

 

The judicial officer in charge of the execution, holder of an enforceable title, can obtain directly from the tax administration the address of the bodies with which an account is opened in the name of the debtor. If the administration does not have this information, the public prosecutor undertakes, at the request of the judicial officer, bearing the title and the administration’s response, the necessary steps to find out the address of these organizations.

Subject to compliance with the provisions of article 51, at the request of the judicial officer responsible for the execution, carrying an enforceable title and a certified sincere statement of the unsuccessful searches he has attempted for the execution, the public prosecutor undertakes the necessary steps to find out the address of the debtor and the address of his employer, to the exclusion of any other information.

At the end of a period fixed by decree in the Council of State, the absence of a response from the public prosecutor constitutes an unsuccessful requisition.

 

 

Article 40
Modified by Law n ° 2004-130 of February 11, 2004 art. 60 (JORF February 12, 2004).

 For the application of the preceding article and subject to the provisions of article 6 of the law n ° 51-711 of June 7, 1951 on the obligation, the coordination and the secrecy in matters of statistics, the administrations of the ‘State, regions, departments and municipalities, companies licensed or controlled by the State, regions, departments and municipalities, establishments or bodies of any kind subject to the control of the administrative authority must communicate to the Ministry public the information mentioned in article 39 which they hold, without being able to oppose the professional secrecy.

Under the same conditions and subject to the same reservations, the tax administration must communicate to the judicial officer the information mentioned in the first paragraph of article 39 that it holds, without being able to oppose professional secrecy.

The public prosecutor may ask the establishments authorized by law to keep deposit accounts if one or more accounts, joint or merged accounts are opened in the name of the debtor as well as the place or places where the account or accounts are kept. exclusion of any other information.

 

 

Article 41
Modified by Law n ° 92-1336 of December 16, 1992 art. 318 (JORF December 23, 1992 in force March 1, 1994).

 The information obtained may only be used to the extent necessary for the performance of the title (s) for which it was requested. They may not, under any circumstances, be communicated to third parties or form the subject of a nominative information file.

Any violation of these provisions is punishable by the penalties incurred for the offense provided for in article 226-21 of the penal code, without prejudice, where applicable, to disciplinary proceedings and the award of damages. 

Section 2: Seizure-attribution.

Article 42
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 Any creditor provided with an enforceable title evidencing a liquid and payable debt may, in order to obtain payment thereof, seize in the hands of a third party the claims of his debtor relating to a sum of money, subject to the specific provisions of the entry of remuneration provided for by the labor code.

 

 

Article 43
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 The act of seizure entails, up to the amount for which it is carried out, immediate allocation to the benefit of the seizor of the debt seized available in the hands of the third party as well as all its accessories. It makes the third party personally liable for the causes of the seizure within the limit of its obligation.

The subsequent service of other foreclosures or any other levy measure, even from privileged creditors, as well as the occurrence of a judgment opening a judicial reorganization or liquidation, do not call into question this attribution.

However, deeds of seizure served during the same day in the hands of the same third party are deemed to have been made simultaneously. If the sums available do not make it possible to pay off all of the creditors thus seizing, they come into competition.

However, when a seizure-attribution is deprived of effect, the seizures and subsequent withdrawals take effect on their date.

 

 

Article 44
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 The garnishee is required to declare to the creditor the extent of his obligations towards the debtor as well as the terms that could affect them and, if applicable, the assignments of claims, delegations or previous attachments.

 

 

Article 45
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

Any dispute relating to the seizure can be raised within a period of one month.

In the absence of dispute, the creditor requires payment of the debt attributed to him by the deed of attachment.

However, the debtor seized who has not lodged a dispute within the prescribed period may act at his expense to recover the undue amount before the competent court judge.

 

 

Article 46
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

In the event of a dispute before the execution judge, payment is deferred unless the judge authorizes payment for the amount he determines.

 

 

Article 47
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

When the seizure is carried out in the hands of an establishment authorized by law to keep deposit accounts, the establishment is required to declare the balance of the debtor’s account (s) on the day of the seizure.

Within the period of fifteen working days following the seizure-allocation and during which the sums left in the account are unavailable, this balance may be allocated to the advantage or to the detriment of the seizing party by the following operations as soon as it is proved that their date is prior to the entry:

a) To credit: remittances previously made, with a view to their collection, of checks or commercial paper, not yet charged to the account;

b) At debit:

– the imputation of checks remitted for collection or credited to the account prior to the seizure and unpaid income;

– ticket withdrawals made prior to the seizure and card payments, as long as their beneficiaries were actually credited prior to the seizure.

By way of derogation from the provisions of the second paragraph, commercial paper discounted and not paid on presentation or on expiry when it is subsequent to the seizure may be reversed within a period of one month following the seizure. -attribution.

The seized balance allocated is affected by these possible debit and credit operations only insofar as their cumulative result is negative and greater than the sums not affected by the seizure on the day of their payment.

In the event of a reduction in the sums made unavailable, the establishment must provide a statement of all the transactions which have affected the accounts since the day of the entry inclusive. 

Section 3: Entering remuneration.

Article 48

 

amended the following provisions: 

Article 49

 

amended the following provisions:
Section 4: Seizure and sale.

Article 50
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

Any creditor provided with an enforceable title evidencing a liquid and payable debt may, after service of a command, have the tangible movable property belonging to his debtor seized and sold, whether or not they are held by this debtor. latest.

Any creditor fulfilling the same conditions can join the foreclosure operations by way of opposition.

When the seizure relates to property which is held by a third party and in the latter’s living quarters, it must be authorized by the execution judge.

 

 

Article 51
Modified by Law n ° 2004-130 of February 11, 2004 art. 61 (JORF February 12, 2004).

 

Seizure and sale in premises used for the debtor’s home, when it tends to recover a debt other than maintenance, less than an amount fixed by decree, may not be carried out, except with the authorization of the judge. execution given on request, only if this recovery is not possible by way of seizure of a deposit account or labor remuneration

For debts of this nature, the order preceding the seizure-sale must contain an injunction to the debtor to communicate the name and address of his employer and the references of his bank accounts or only one of these two elements.

 

If he is not referred by the debtor, the judicial officer may act under the conditions provided for in Articles 39 and 40.

 

 

Article 52
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

The forced sale of goods takes place by public auction after a period of one month from the day of the seizure during which the debtor can proceed to an amicable sale under the conditions provided for in this article.

The debtor against whom a compulsory execution measure is being pursued may, under the conditions provided for by decree in the Council of State, voluntarily sell the seized goods in order to allocate the price thereof to the payment of creditors.

The debtor informs the judicial officer responsible for the execution of the proposals made to him. If the creditor establishes that these proposals are insufficient, the person in charge of the execution proceeds to the removal of the property (s) to be sold at public auction.

Unless the refusal to authorize the sale is inspired by the intention to harm the debtor, the liability of the creditor cannot be sought.

The transfer of ownership of the good is subject to the deposit of its price. 

 

Article 53
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

The agent authorized by law to carry out the sale stops the sale operations when the price of the goods sold reaches an amount sufficient to pay in principal, interest and costs, the garnishing creditors and opponents.

 

He is responsible for representing the auction price. Unless otherwise provided, no seizure of the sale price can be made.

 

 

Article 54
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 Only seizing creditors or opponents who came forward before the verification of the seized goods and those who, before the seizure, carried out a precautionary measure on the same goods, are allowed to assert their rights on the sale price.

 

Article 55
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 In the event of competition between the creditors, the agent in charge of the sale proposes an amicable distribution between them.

In the absence of agreement, he consigns the funds and seizes the execution judge for the purpose of distributing the price.

 

Section 5: Apprehension of furniture.

Article 56
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

The judicial officer in charge of enforcement has the movable property that the debtor is required to deliver or return to the creditor under an enforceable title to be apprehended, unless the debtor offers to transport it at his expense.

 

When the furniture is in the hands of a third party and in the latter’s living quarters, it can only be apprehended with the authorization of the execution judge.

 

Section 6: Enforcement measures on land motor vehicles.

Article 57
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 Under the conditions set by decree of the Council of State, the judicial officer responsible for the execution of an enforceable title may make a declaration, notification of which to the debtor has all the effects of a seizure, to the services of the prefecture where the debtor’s vehicle is registered.

 

 

Article 58
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

The judicial officer in charge of the execution provided with an enforceable title can seize the vehicle of the debtor by immobilizing it, wherever it is, by any means not causing any damage to the vehicle. The debtor can ask the enforcement judge to lift the immobilization of the vehicle.

 

Section 7: Seizure of incorporeal rights.

Article 59
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

Any creditor provided with an enforceable title evidencing a liquid and payable debt may proceed to the seizure and sale of intangible rights, other than claims for sums of money, of which his debtor is the holder.

 

 

Article 60
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

Only the seizing creditors or opponents who have come forward before the sale are allowed to assert their rights on the price of the sale.

 

Section 8: Deportation orders.

Article 61
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

Unless special provision is made, the eviction or evacuation of a building or an inhabited place can only be pursued by virtue of a court decision or an enforceable conciliation report and after service of a command to vacate the premises. In the case of unnamed persons, the document is handed over to the prosecution for all purposes.

 

 

Article 62
Modified by Law n ° 98-657 of July 29, 1998 art. 117 and 122 (JORF July 31, 1998).

 If the eviction relates to a room assigned to the main dwelling of the evicted person or any occupant of his or her head, it cannot take place, without prejudice to the provisions of Articles L. 613-1 to L. 613-5 of Code of construction and housing, only at the expiration of a period of two months following the order. However, by special and reasoned decision, the judge may, in particular when the persons whose expulsion has been ordered have entered the premises by de facto or when the relocation procedure carried out in application of article L. 442-4 -1 of the construction and housing code has not been followed up by the tenant, reduce or eliminate this period.

When the expulsion would have exceptionally harsh consequences for the person concerned, in particular because of the period of the year in question or atmospheric circumstances, the time limit may be extended by the judge for a period not exceeding three months. .

The judge who orders the eviction or who, before the issuance of the order to vacate the premises mentioned in article 61, rules on a request for time limits submitted on the basis of articles L. 613-1 and L. 613 -2 of the construction and housing code may, even ex officio, decide that the order or judgment will be transmitted, through the care of the registry, to the representative of the State in the department, with a view to consideration of the occupant’s rehousing request within the framework of the departmental action plan for the housing of disadvantaged people provided for by law n ° 90-449 of May 31, 1990 aimed at the implementation of the right to housing .

As soon as the order to have to vacate the premises on pain of suspension of the period before the expiry of which the expulsion cannot take place, the judicial officer responsible for the execution of the expulsion measure must inform the representative. of the State in the department with a view to taking into account the occupant’s rehousing request within the framework of the departmental plan referred to in the previous paragraph.

 

 

Article 63

 

amended the following provisions:
 

 

Article 64

 

amended the following provisions:

Article 65
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

The furniture on the premises is returned, at the expense of the evicted person, to a place designated by the latter. Otherwise, they are left on site or stored in another appropriate place and described with precision by the judicial officer in charge of the execution with a summons to the expelled person to have to withdraw them within a period fixed by decree in Council. of state.

 

 

Article 66
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

At the end of the allotted time and with the authorization of the execution judge of the place where the furniture is located, the parties heard or called, they are put up for sale by public auction.

 

The execution judge can declare abandoned the goods which are not likely to be sold.

 

The proceeds of the sale are returned to the evicted person after deduction of the costs and the debt of the lessor.

 

 

Article 66-1
Created by Law n ° 2004-439 of May 26, 2004 art. 30 (JORF May 27, 2004 in force January 1, 2005).

 

Articles 62, 65 and 66 of this law as well as articles L. 613-1 to L. 613-5 of the construction and housing code do not apply to the expulsion of the violent spouse ordered by the judge in family cases on the basis of article 220-1 of the civil code. 

NOTE: Law n ° 2004-439 of May 26, 2004 comes into force on January 1, 2005, except for the exceptions mentioned in article 33 II.

Chapter IV: Provisions specific to protective measures.
Section 1: Common provisions.

Article 67
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

Any person whose debt appears to be founded in principle may apply to the judge for authorization to practice a precautionary measure on the assets of his debtor, without prior order, if he can justify circumstances likely to threaten recovery.

The protective measure takes the form of a protective seizure or judicial security.

 

Article 68
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

Prior authorization from the judge is not necessary when the creditor invokes an enforceable title or a court decision which is not yet enforceable. The same applies in the event of default in payment of an accepted bill of exchange, a promissory note, a check or an unpaid rent as soon as it results from a written rental contract. of buildings. 

 

Article 69
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 Authorization is given by the execution judge. However, it may be granted by the president of the commercial court when, requested before any trial, it tends to the preservation of a debt falling within the jurisdiction of the commercial court.

Under penalty of nullity, the judge specifies the object of the authorized measure.

By authorizing the precautionary measure, the judge can decide to re-examine his decision or the modalities of its execution in the light of an adversarial debate. 

 

Article 70
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 On pain of lapse of the precautionary measure, the creditor must, under the conditions and time limits set by decree in the Council of State, initiate or continue a procedure allowing to obtain an enforceable title if he does not have one.

 

 

Article 71
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

Notification to the debtor of the execution of the precautionary measure interrupts the limitation period for the debt which is the cause of this measure.

 

 

Article 72
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

Even when prior authorization is not required, the judge may, at any time, in view of the information provided by the debtor, the creditor heard or called, release the protective measure if it appears that the conditions prescribed by Article 67 are not met.

At the request of the debtor, the judge may, after hearing or summoning the creditor, substitute for the protective measure initially taken any other measure suitable for safeguarding the interests of the parties.

The constitution of an irrevocable bank guarantee in accordance with the measure requested in the seizure entails the lifting of the security measure, subject to the provisions of article 70.

 

Article 73
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

The costs incurred by a protective measure are the responsibility of the debtor unless the judge decides otherwise at the end of the procedure.

When the release has been ordered by the judge, the creditor may be ordered to repair the damage caused by the protective measure.

 

Section 2: Preservation foreclosures.

Article 74
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

The protective seizure may relate to all movable property, tangible or intangible, belonging to the debtor. It makes them unavailable.

 

 

Article 75
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

 

When the attachment relates to a debt having for object a sum of money, the act of attachment renders it unavailable up to the amount authorized by the judge or, when this authorization is not necessary, up to the amount for which the seizure is practiced. The seizure automatically entails the deposit of the unavailable sums and produces the effects provided for in article 2075-1 of the civil code.

Subject to the provisions of the previous paragraph, an asset may be the subject of several protective seizures.

The provisions of article 47 are applicable in the event of precautionary seizure carried out in the hands of an establishment authorized by law to keep deposit accounts

NOTE: Ordinance 2006-346 of 23 March 2006 art. 56 I: Repeal of article 2075-1 of the civil code.

 

 

Article 76
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

A creditor who has obtained or has an enforceable title establishing a liquid and payable debt may proceed to the sale of the goods which have been made unavailable up to the amount of his debt.

If the protective seizure relates to a debt, the creditor, provided with an enforceable title, may request payment thereof. This request entails immediate allocation of the debt seized up to the amount of the condemnation and the sums of which the garnishee has recognized himself or has been declared debtor.

Section 3: Judicial securities.

Article 77
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

Judicial security may be created as a precaution on buildings, business assets, shares, shares and securities. 

 

Article 78
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 Judicial securities are enforceable against third parties from the day on which the publicity formalities prescribed by decree of the Council of State are completed.

This publicity ceases to have effect if, within a period fixed by the same decree, it has not been confirmed by definitive publicity.

 

 

Article 79
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

Assets encumbered with judicial security remain alienable. The price is paid and distributed under the conditions set by decree in the Council of State.

However, in the event of the sale of transferable securities registered on an account held and managed by an authorized intermediary, the price may be used to acquire other securities which are then subrogated to the securities sold.

 

Chapter V: Miscellaneous and transitional provisions.

Article 80

amended the following provisions:

Article 81
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 The law determines the persons authorized to carry out the forced execution and the precautionary measures in the same way as the judicial officers mentioned in article 18.

 

Article 82

 

amended the following provisions:

Article 83

amended the following provisions:

Article 83a
Created by Law n ° 92-644 of July 13, 1992 art. 2 (JORF July 14, 1992).

 

In the texts referring to the powers conferred on judges by article 1244 of the civil code, this reference is understood as relating to articles 1244-1 to 1244-3 of the same code.

 

 

Article 84

amended the following provisions:

Article 85

amended the following provisions:

Article 86
Modified by Law n ° 91-1323 of December 30, 1991 art. 35 (JORF December 31, 1991).

 The notice to third party holder provided for in Articles L. 262 and L. 263 of the Book of Tax Procedures has the effect of immediate attribution provided for in Article 43.

 

 

Article 87

amended the following provisions: 

Article 88
Repealed by Ordinance n ° 2006-461 of April 22, 2006 art. 22 (JORF April 22, 2006 in force January 1, 2007).

 

 

 

Article 89
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 A decree of the Council of State determines the special conditions for adapting this law to the property, rights and values ​​of French people living outside France as well as to the obligations by them contracted in France, and in particular the additional distance periods.

 

Article 90

amended the following provisions:

Article 91

amended the following provisions:

Article 92

amended the following provisions: 

Article 93

amended the following provisions:

Article 94
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

 

Are repealed:

1 ° Articles 1265 to 1270, 2092-1, 2092-2 and the first and third paragraphs of article 2092-3 of the Civil Code;

2 ° Articles 48 to 57, 553, 554, 557 to 562, 564 to 580, 583 to 591, 594 to 601, 603 to 613, 615 to 638, 640, 642 to 650, 652 to 668, 670 to 672, 819 to 831 of the old code of civil procedure;

3 ° Articles 5 to 8 of Law n ° 72-626 of 5 July 1972 establishing an execution judge and relating to the reform of civil procedure;

4 ° Section 1, with the exception of articles 794 (2 a and 5), 795 a, 797 (second and third paragraphs), 799 and 800, section 2, with the exception of title II, and sections 3, 4 and 5 of book VIII of the local code of civil procedure.

 

Article 95

 

amended the following provisions:
 

 

Article 96
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

Texts of a legislative and regulatory nature concerning civil enforcement procedures will be codified by decrees in the Council of State, after the opinion of the higher codification commission.

These decrees will bring to the texts of a legislative nature the formal adaptations made necessary by the work of codification, to the exclusion of any substantive modification.

 

Article 97
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

 

The present law will come into force on January 1, 1993. It will not be applicable to the measures of compulsory execution and to the precautionary measures initiated before its entry into force.

 

Article 98
Modified by Law n ° 2005-845 of July 26, 2005 art. 165 (JORF July 27, 2005 effective January 1, 2006).

The magistrate remains competent to rule on the safeguard or judicial reorganization proceedings in progress before his jurisdiction at the time of the entry into force of this law.

 

Article 99
Modified by Law n ° 92-644 of July 13, 1992 art. 3 (JORF July 14, 1992).

A decree in the Council of State defines the modalities of application of this law to the territorial collectivity of Saint-Pierre-et-Miquelon.

 

Article 100
Created by Ordinance n ° 2004-1233 of November 20, 2004 art. 1 (JORF November 21, 2004).

 

This law is applicable to Mayotte under the conditions defined in article 101.

NOTE: Ordinance 2004-1233 of November 20, 2004 art. 4:

Ordinance 2004-1233 is applicable to proceedings initiated and enforcement proceedings initiated as of January 1, 2005.

 

 

 

Article 101
Created by Ordinance n ° 2004-1233 of November 20, 2004 art. 1 (JORF November 21, 2004).

 

 

For the application of this law to Mayotte, the terms listed below are replaced as follows:

1 ° “tribunal de grande instance” or “tribunal d’instance” or “tribunal de commerce” by: “tribunal de première instance”;

2 ° “public prosecutor” by: “public prosecutor at the court of first instance”;

3 ° “department” by: “departmental community”. 

NOTE: Ordinance 2004-1233 of November 20, 2004 art. 4:

Ordinance 2004-1233 is applicable to proceedings initiated and enforcement proceedings initiated as of January 1, 2005.

 

 

Article 102
Created by Ordinance n ° 2005-459 of May 13, 2005 art. 1 (JORF May 14, 2005).

 

This law is applicable in the Wallis and Futuna Islands, with the exception of the provisions of article 88, under the conditions defined in article 103. 

NOTE: Ordinance 2005-459 of May 13, 2005 art. 3: This ordinance is applicable to proceedings instituted and enforcement proceedings initiated as of January 1, 2006.

 

 

Article 103
Created by Ordinance n ° 2005-459 of May 13, 2005 art. 1 (JORF May 14, 2005).

For the application of this law in the Wallis and Futuna Islands

a) The first paragraph of Article 13 reads as follows:

“Seizures may relate to all property belonging to the debtor, even though they would be held by third parties, with the exception of immovable property and goodwill”;

b) Article 77 reads as follows:

“Art. 77 Judicial security may be set up as a precautionary measure on shares, company shares and transferable securities”.

(c) The terms listed below are replaced as follows:

1 ° “tribunal de grande instance” or “tribunal d’instance” by:

“court of first instance”;

2 ° “commercial court” or “consular justice” by: “court of first instance deciding in commercial matters”;

3 ° “magistrate” by: “president of the court of first instance”;

4 ° “public prosecutor” by: “public prosecutor at the court of first instance”;

5 ° “department” by: “the Wallis and Futuna islands”;

6 ° “prefect” by: “representative of the State”;

7 ° “judicial officer” by: “administrative or military authority”;

8 ° “mayor, municipal councilor, municipal official” by:

“head of constituency”;

9 ° “labor code” by: “labor code applicable to Wallis and Futuna”;

d) In the absence of adaptation, the references made by the provisions of this law to provisions which are not applicable in the Wallis and Futuna Islands are replaced by references to provisions having the same object applicable locally.

NOTE: Ordinance 2005-459 of May 13, 2005 art. 3: This ordinance is applicable to proceedings instituted and enforcement proceedings initiated as of January 1, 2006.

By the President of the Republic:François Mitterrand
The Prime Minister,

EDITH CRESSON

The Minister of State, Minister of the Economy,

finances and budget,

PIERRE BÉRÉGOVOY

The Keeper of the Seals, Minister of Justice,

HENRI NALLET

The minister of the Interior,

PHILIPPE MARCHAND

The Minister of Labor, Employment

and vocational training,

MARTINE AUBRY

The Minister of Equipment, Housing,

transport and space,

PAUL QUILES

The Minister for the Budget,

MICHEL CHARASSE

The Minister for Justice,

MICHEL SAPIN

 

(1) Preparatory work: law n ° 91-650.

National Assembly :

Bill n ° 888;

Report by Ms. Nicole Catala, on behalf of the Law Commission, n ° 1202;

Discussion on April 3 and 4, 1990 and adoption on April 4, 1990.

Senate:

Bill, adopted by the National Assembly, n ° 227 (1989-1990);

Report by Mr. Jacques Thyraud, on behalf of the Law Commission, n ° 271 (1989-1990);

Discussion on May 15 and 16, 1990 and adoption on May 16, 1990.

National Assembly :

Bill, amended by the Senate, n ° 1355;

Report by Ms. Nicole Catala, on behalf of the Law Commission, n ° 1557;

Discussion on April 9 and 25, 1991 and adoption on April 25, 1991.

Senate:

Bill, adopted with modifications by the National Assembly at second reading, n ° 306 (1990-1991);

Report by Mr. Jacques Thyraud, on behalf of the Law Commission, n ° 314 (1990-1991)

Discussion and adoption May 24, 1991.

National Assembly :

Bill, amended by the Senate at second reading, n ° 2064;

Report by Ms. Nicole Catala, on behalf of the joint committee, n ° 2091;

Discussion and adoption on June 10, 1991.

Senate:

Report by Mr. Jacques Thyraud, on behalf of the joint committee, n ° 366 (1990-1991);

Discussion and adoption June 24, 1991.

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