Chapter I: Conditions and implementation

Any person whose claim appears to be well-founded in principle may apply to the court for authorisation to take precautionary measures against the debtor’s assets, without a prior summons to pay, if they can show that there are circumstances likely to jeopardise their recovery. The protective measure takes the form of a protective attachment or a judicial surety.

Prior authorisation from a court is not required where the creditor relies on an enforceable title or a court decision that is not yet enforceable. The same applies in the event of non-payment of an accepted bill of exchange, a promissory note, a cheque or unpaid rent under a written property rental contract.

Authorisation is granted by the enforcement judge. However, it may be granted by the president of the commercial court when, requested prior to any legal proceedings, it is intended to preserve a claim falling within the jurisdiction of the commercial court.

On pain of the protective measure lapsing, the creditor shall initiate or continue, under the conditions and within the time limits set by decree of the Conseil d’Etat, proceedings to obtain an enforceable title if he does not have one.