Article R433-2 of the French Code of civil enforcement procedures
November 8, 2023
The period provided for in article L. 433-1 is two months, non-renewable, from the date on which the eviction notice is served.
The period provided for in article L. 433-1 is two months, non-renewable, from the date on which the eviction notice is served.
The evicted person may apply to the enforcement judge to contest the absence of a market value for the property retained by the bailiff in the inventory. The application must be made, on pain of inadmissibility, within one month of service of the eviction notice. It suspends the two-month period mentioned in article R. 433-2 at the end of which property declared to have no market value is deemed to…
If all the assets have been removed before the date set for the hearing, the owner of the premises is required to inform the judge by any means in writing or by a declaration at the court registry.
If the goods left on the premises or deposited in a suitable place have a market value, they are compulsorily sold as in the case of seizure and sale. The proceeds of the sale, after deduction of costs and, if applicable, the amount of the landlord’s claim, are deposited with the Caisse des Dépôts et Consignations on behalf of the evicted person, who is informed by the official responsible for…
Goods with no market value are deemed to have been abandoned, with the exception of personal papers and documents, which are placed in a sealed envelope and kept for two years by the bailiff. Notice of this is given to the person being evicted, under the conditions set out in the last paragraph of article R. 433-5. On expiry of the period provided for in the first paragraph, the bailiff…
If the goods located in the premises are unavailable due to a seizure previously carried out by another creditor, they are handed over to a receiver, unless the person being evicted indicates the place where they will be taken. An inventory is drawn up in the eviction report, indicating the place where they will be deposited. The report is notified to the distraining creditor. If the owner of the premises…
The unlawful relocation of the evicted person to the same premises constitutes an assault. The order to vacate the premises previously served shall continue to have effect; article R. 412-2 is not applicable.
Disputes relating to the application of the provisions of this book shall be brought before the enforcement judge of the place where the property is located.
Notwithstanding the provisions of article R. 121-11, a request for the enforcement of a court decision ordering eviction may be made to the registry of the enforcement judge by registered letter with acknowledgement of receipt or by petition delivered or addressed to the court registry.
On pain of nullity, the claim presented in application of article R. 442-2, in addition to the particulars provided for in article 57 of the Code of Civil Procedure, shall contain a summary of the grounds and mention the name and address of the defendant or, in the case of a legal entity, its name and registered office.
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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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