Article R221-50 of the French Code of civil enforcement procedures
The debtor may request that the seizure of an asset that he does not own be declared null and void.
Home | French Legislation Articles | French Code of civil enforcement procedures | Regulatory part | BOOK II: MOVABLE PROPERTY ENFORCEMENT PROCEDURES | TITLE II: SEIZURE OF TANGIBLE ASSETS | Chapter I: Attachment for sale | Section 4: Seizure incidents | Subsection 2: Disputes relating to seized property | Paragraph 1: Disputes relating to ownership of seized property
The debtor may request that the seizure of an asset that he does not own be declared null and void.
A third party who claims to be the owner of a seized asset may ask the enforcement judge to order its segregation. On pain of inadmissibility, the application must specify the elements on which the claimed right of ownership is based. The distraining creditor calls the opposing creditors into question. The distrainee debtor is heard or called.
The action for diversion ceases to be admissible after the sale of the seized property; only the action for revendication may then be brought. However, a third party who is recognised as the owner of property that has already been sold may divert the price thereof, without deduction of costs, until the sums generated by the sale have been distributed.
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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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