In the event of a dispute, the person responsible for distribution summons the parties by registered letter with acknowledgement of receipt, with a view to an attempt at conciliation which must take place within one month of the first dispute. The summons reproduces the terms of the second paragraph of Article 1281-7.
If an agreement is reached, a deed is drawn up, a copy of which is delivered or sent by simple letter to all the parties. Payment shall then be made under the conditions set out in the second and third paragraphs of Article 1281-5. A person duly summoned who fails to appear is deemed to have accepted the agreement.
In the absence of conciliation, the person in charge of distribution shall record the points of disagreement. The sums put into distribution shall be immediately deposited, if they are not already deposited by virtue of the decision appointing the person in charge of distribution. The most diligent party may refer the matter to the judicial court, which shall proceed with the distribution.
Failing a draft apportionment within the prescribed time limits, the procedure shall be as set out in the second and third paragraphs of Article 1281-8.
Payments must be made no later than fifteen days after the Caisse des dépôts et consignations has been notified of the final distribution judgment.
The remuneration of the person in charge of the distribution shall be deducted from the funds to be distributed and borne by the creditors, in proportion to the sum due to each of them. In the event of a dispute, it shall be fixed by the president of the judicial court.
In commercial matters, the powers vested in the tribunal judiciaire and its president are exercised by the tribunal de commerce and its president.
The third-party purchaser shall arrange for the notification provided for in Article 2464 of the Civil Code by bailiff’s deed, at the addresses elected by the creditors in their registrations. He shall attach to the deed: 1° An extract of its title, containing the date and nature of the deed, the identity of the seller or donor, the nature and location of the property sold or donated, the sale price,…
The creditor who pursues the auction sale of the property pursuant to Article 2465 of the Civil Code notifies the requisition deed provided for in this article by bailiff to the principal debtor, the third party purchaser and the other creditors holding a registration on the property. This deed shall contain, under penalty of nullity, the constitution of the applicant’s lawyer, the higher bid and the offer of security. The…
The requisition for the purpose of selling the property by auction may be contested by summons to appear before the judicial court within whose jurisdiction the property is located. This summons must, on pain of inadmissibility, be served within fifteen days of notification of the requisition deed. If the challenge is admitted, the act of requisition is declared null and void and the third party purchaser maintained in his rights,…
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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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