The pursuer or the appointed notary shall draw up a book of conditions of sale. By exception to Article R. 322-10 of the Code des procédures civiles d’exécution, the schedule of conditions of sale contains: 1° A statement of the order that ordered the sale with a mention of its publication; 2° A description of the property to be sold, the origin of ownership, the easements encumbering the property, the…
The liquidator may not, in his capacity as agent, be declared the purchaser of the debtor’s immovable property.
The sale by judicial auction is subject to the provisions of the titres Ier et II du livre III du code des procédures civiles d’exécution and insofar as they are not derogated from by the provisions of this book.
The order ordering the sale by judicial auction made at the request of the liquidator or a pursuing creditor shall include, in addition to the indications mentioned in Article R. 642-22, the information required in 1°, 5°, 10° of Article R. 321-3 of the code des procédures civiles d’exécution.
The official receiver may authorise the liquidator or the creditor to pursue the sale of several properties simultaneously, even if they are located in the jurisdictions of different judicial courts. He shall decide whether the sale of these properties will be pursued before the execution judge of the judicial court within whose jurisdiction each property is located or before the judicial court within whose jurisdiction the address of the business…
The schedule of conditions of sale shall be filed by the pursuer at the registry of the enforcement judge of the competent judicial court within two months of the publication of the order of the official receiver. As an exception to subsections 2 and 4 of section 1 and sections 2 and 3 of the chapitre II du titre II du livre III du code des procédures civiles d’exécution, at…
Only the provisions of Section 4 of the chapitre II du titre II du livre III du code des procédures civiles d’exécution which are mentioned below. At the auction hearing, the procedure set out in sub-section 3 of the aforementioned section 4 shall be followed. Article R. 322-58 of the Code of Civil Enforcement Procedures is applicable to the payment of taxed costs. In addition to the information required for…
The order ordering the sale by amicable auction shall include, in addition to the information mentioned in Article R. 642-22, the statements required in 5° of Article R. 321-3 of the Code des procédures civiles d’exécution. It appoints the notary who will carry out the auction.
The notary informs the registered creditors listed on the statement issued after publication of the order by registered letter with acknowledgement of receipt that they are required to read the conditions of sale filed in his office at least two months before the date set for the auction and to have their comments and observations recorded therein at least one month before that date. By the same letter, the notary…
Before the opening of the auction, the notary shall be provided by the bidders with an irrevocable bank guarantee or a bank cheque in accordance with Article R. 322-41 of the code des procédures civiles d’exécution. Where the successful bidder defaults, the sum paid or the security provided is acquired for distribution with the assets realised. The notary points out that bids will start from the amount of the upset…
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75001, Paris France
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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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