Article 1316 of the French Code of civil procedure
Unsealing may be requested by persons entitled to request that it be affixed, and by the administration in charge of estates when it has been entrusted with managing the estate.
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Unsealing may be requested by persons entitled to request that it be affixed, and by the administration in charge of estates when it has been entrusted with managing the estate.
The applicant submits to the bailiff a list of the persons who are to be called to the unsealing, including those who had requested the affixing and the persons who are to be called to the inventory pursuant to article 1329, as well as, where applicable, the administration in charge of the estates. The bailiff sets the day and time when the seals will be unsealed. The persons concerned shall…
The bailiff shall give notice of the unsealing to the persons who, by written and reasoned statement at his office or at the court registry, have requested to be present.
Seals may be unsealed without an inventory when all the parties called are present or represented and do not object to this being done. If this is not the case, an inventory shall be drawn up by the judicial officer, under the conditions provided for in Section 2, unless the persons entitled to be called to the inventory agree to choose another public and ministerial officer or the designation is…
The unsealing report is dated and signed by the bailiff. It includes: 1° A mention of the request for unsealing and the bailiff’s determination of the day and time of unsealing; 2° The name and address of the applicant(s); 3° The name and address of the parties present, represented or called ; 4° Acknowledgement of the seals if they are sound and whole or, if they are not, the state…
Seals are successively unsealed as the inventory is compiled; they are reapplied at the end of each session.
If necessary, the bailiff may provisionally unseal the seals, which must then be reapplied as soon as the operation that made the unsealing necessary has been completed. The bailiff shall draw up a report of his diligence. The provisional lifting followed by immediate reapposition is not subject to the provisions of articles 1316 to 1321.
When it appears that the consistency of the goods left on the premises after separation of the precious objects pursuant to the provisions of article 1313 does not justify the affixing of seals, the bailiff competent for the latter shall draw up a descriptive inventory of the furniture; in the absence of an heir present, he shall ensure the closure of the premises if they are unoccupied and shall keep…
Where there is no known successor and the tenancy agreement has ended, the president of the judicial court or his delegate may authorise, under the conditions provided for in the first paragraph of article 1325, the owner of the premises to have the furniture removed and either deposited in another location or confined to a part of the premises that was occupied by the deceased. The costs of removing and…
If difficulties arise with regard to the measures provided for in this section, the parties or the judicial officer may refer the matter to the president of the judicial court by simple petition. The assistance of a lawyer is not compulsory. If a dispute arises between the parties, the matter shall be referred to the president of the judicial court by the most diligent party. The dispute is lodged, investigated…
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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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