The provisions of articles R. 322-39 to R. 322-49, R. 322-59, R. 322-61, R. 322-62, R. 322-66 to R. 322-72 of the code des procédures civiles d’exécution. However, when received by a notary, auctions may be conducted without the assistance of a lawyer. In the case of a sale before a notary, if there is an irresponsible bid, the procedure is continued before the court. The certificate stating that the…
Within ten days of the final auction, any person may make a higher bid of the tenth by complying with the formalities and deadlines set out in the provisions of articles R. 322-50 to R. 322-55 of the code of civil enforcement procedures. In the event that the auction has taken place before a notary, the court, by the judgment validating the higher bid, refers the new auction to the…
The higher bid provided for in the second paragraph of Article 459 of the Civil Code shall be made, within ten days of the auction, by petition delivered or addressed to the registry of the court within whose jurisdiction the notary who conducted the sale resides. This petition shall be served on the person or at the domicile of the successful bidder within the period of Article 709 of the…
There shall be no derogation from the respective jurisdiction of the various public officers with regard to the sale of businesses.
If it is necessary, outside any enforcement proceedings, to distribute a sum of money between creditors and excluding the case where this sum comes from the sale of an immovable, the most diligent party may appeal in summary proceedings to the president of the judicial court within whose jurisdiction the debtor resides, who shall appoint a person to be responsible for the distribution. The person responsible for the distribution shall…
The receiver in charge of the distribution must offer guarantees of representation of the sum put into distribution.
The court clerk’s office shall notify by simple letter a copy of the order to the person in charge of the distribution and, if consignment has been ordered, to the Caisse des dépôts et consignations. The person in charge of the distribution shall notify the creditors, by registered letter with acknowledgement of receipt, that they must, within a period of one month, send him a statement including a breakdown of…
The person responsible for distribution shall draw up a draft allocation within two months of the last notice provided for in the second paragraph of Article 1281-3. He shall notify it to the debtor and to each of the creditors by registered letter with acknowledgement of receipt. On pain of nullity, the notification shall indicate to the addressee: 1° That he or she has a period of fifteen days, from…
Failing a challenge within fifteen days of the last notification referred to in the second paragraph of Article 1281-4, the proposed distribution becomes final. Once it has the sum to be distributed, the person in charge of the distribution then proceeds to pay the creditors within fifteen days. When the funds have been consigned, the person in charge of the distribution notifies the draft distribution that has become final to…
In the event of a dispute, the person responsible for distribution summons the parties by registered letter with acknowledgement of receipt, with a view to an attempt at conciliation which must take place within one month of the first dispute. The summons reproduces the terms of the second paragraph of Article 1281-7.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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