Call Us + 33 1 84 88 31 00

Section I: Precautionary measures taken after the opening of an estate

Article 1304 of the French Code of civil procedure

A judicial officer can carry out any protective measures that may be necessary after a person’s death. These conservatory measures are, depending on the value of the goods found on site, the affixing of seals or the descriptive statement. If the furniture on site is clearly devoid of market value, the bailiff will draw up a procès-verbal de carence. Where an inventory has been drawn up, no protective measures under…

Read More »

Article 1305 of the French Code of civil procedure

Preservatory measures may be requested: 1° By the spouse or partner in a civil solidarity pact; 2° By all those claiming to have a succession claim; 3° By the executor of the will or the agent appointed to administer the succession; 4° By the public prosecutor; 5° By the owner of the premises ; 6° By any creditor with an enforceable title or proving a claim that appears to be…

Read More »

Article 1306 of the French Code of civil procedure

The application shall be brought before the president of the judicial court within whose jurisdiction the estate is opened, who shall rule by order on a motion. The assistance of a lawyer shall not be compulsory. The decision granting the application shall designate a bailiff to carry out the steps provided for in this section. Subject to the specific provisions concerning legal costs, the cost of the measure shall be…

Read More »

Article 1309 of the French Code of civil procedure

When the premises are closed, the bailiff may affix seals to the door if the applicant does not request that it be opened. If this is not the case, he may enter the premises by any means, in the presence of the mayor of the municipality, a municipal councillor or a municipal official delegated by the mayor for this purpose, a police or gendarmerie authority, required to witness the operations…

Read More »

Article 1310 of the French Code of civil procedure

The bailiff shall appoint a custodian of the seals if this is justified by the consistency and apparent value of the goods. Where persons remain in the premises where the affixing is made, the bailiff shall designate the custodian from among those persons. The bailiff must obtain the acceptance of the person he establishes as guardian.

Read More »

Article 1313 of the French Code of civil procedure

The bailiff deposits with the notary responsible for settling the estate, or, if there is no notary, either in his office or with a bank, any securities, sums, valuables, jewellery or other precious objects for which the affixing of seals would not appear to be sufficient precaution. He may also deposit cash values with the Caisse des dépôts et consignations.

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.