Chapter II: Seizable assets

Seizures can be made of all assets belonging to the debtor, even if they are held by third parties. They may also relate to conditional, time-barred or successive performance claims. The terms and conditions of these obligations are binding on the seizing creditor.

The following may not be seized 1° Property that the law declares unseizable; 2° Property that the law renders non-transferable unless otherwise provided for; 3° Provisions, sums and pensions of a maintenance nature, except for the payment of maintenance already provided by the distrainor to the distrained party; 4° Disposable assets declared unseizable by the testator or donor, unless authorised by the judge, and, for the portion he determines, by…

Immovables by destination may not be seized separately from the immovable, except to pay their price or to realise the pledge on which they are encumbered. In the latter case, they may only be seized if separation from the building to which they have been attached can be effected without damage to the property.

Unattachable claims paid into an account remain unattachable under conditions laid down by decree in the Conseil d’Etat.