Call Us + 33 1 84 88 31 00

Article R322-51 of the French Code of civil enforcement procedures

On pain of inadmissibility, the higher bid must be made by a lawyer and filed at the registry of the enforcement judge within ten days of the auction. It is equivalent to a request for a higher bid hearing to be set. The lawyer must certify that he has obtained from his principal an irrevocable bank guarantee or a bank cheque for one tenth of the main sale price. The…

Read More »

Article R322-52 of the French Code of civil enforcement procedures

No later than the third working day following the declaration of the higher bid, the higher bidder shall denounce it by bailiff’s deed or by notification between lawyers to the pursuing creditor, the successful bidder and the distrainee debtor, failing which it shall be inadmissible. The notice of seizure recalls the provisions of article R. 311-6 and the second paragraph of this article; a copy of the certificate provided for…

Read More »

Article R322-53 of the French Code of civil enforcement procedures

The higher bid hearing is set by the enforcement judge for a date within a period of two to four months following the declaration of higher bid. If the declaration of higher bid is contested, this period runs from the date of the rejection decision. The distrainee, the pursuing creditor, the registered creditors, the successful bidder and the higher bidder are notified by the court registry of the date of…

Read More »

Article R322-55 of the French Code of civil enforcement procedures

On the day of the hearing, the bidding is resumed in accordance with the conditions set out in articles R. 322-39 to R. 322-49, at the price modified by the higher bid. If the higher bid is not covered, the higher bidder is declared the successful bidder. No higher bid may be received on the second auction. The provisions of article R. 322-49-1 are applicable.

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.