Article 1955 of the French Civil Code
November 7, 2023
Sequestration is either conventional or judicial.
Sequestration is either conventional or judicial.
Conventional sequestration is the deposit by one or more persons of a disputed item in the hands of a third party who undertakes to return it, once the dispute is over, to the person who is deemed to be entitled to it.
When it is free of charge, it is subject to the rules for filing proper, except for the differences set out below.
Sequestration may apply not only to household effects, but even to immovable property.
The depositary in charge of the sequestration can only be discharged before the dispute is over, with the consent of all the interested parties, or for a cause deemed legitimate.
The court may order the sequestration: 1° Of movables seized from a debtor; 2° Of an immovable or movable thing, the ownership or possession of which is in dispute between two or more persons; 3° Of things which a debtor offers for his release.
The establishment of a judicial custodian produces reciprocal obligations between the seizing party and the custodian. The custodian must take reasonable care to preserve the effects seized. He must represent them either in discharge of the distrainor for the sale, or to the party against whom the executions have been made, in the event of release of the seizure. The distrainor’s obligation consists of paying the custodian the salary fixed…
Judicial sequestration is given either to a person agreed between the interested parties or to a person appointed ex officio by the judge. In either case, the person to whom the thing has been entrusted is subject to all the obligations entailed by conventional sequestration.
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75001, Paris France
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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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