On expiry of the time limit for contestation, the auction sale hearing is fixed by the president at the request of the pursuing creditor, at a date within a period of two to four months following the order. The order is notified by the registry by registered letter with acknowledgement of receipt to the third party purchaser and the debtor.
At the behest of the pursuing creditor, publicity formalities shall be carried out in accordance with the conditions laid down in the articles R. 322-30 to R. 322-38 of the Code of Civil Enforcement Procedures, specifying the amount of the higher bid.
The pursuing creditor shall draw up a schedule of conditions of sale which shall be deposited at the registry of the judicial court responsible for the sale. It contains: 1° A statement of the order setting the date of the sale and its publication; > >
The auction shall be conducted under the conditions provided for in Articles R. 322-39 to R. 322-63 of the Code of Civil Enforcement Procedures. No higher bid may be received. The reiteration of bids may be pursued under the conditions provided for in articles R. 322-66 to R. 322-72 of the same code.
In the event of default by the pursuing creditor or the third-party purchaser, subrogation may be requested by the registered creditors in the forms provided for by Article R. 311-9 of the same code. The pursuing creditor remains bound by his guarantee despite the subrogation.
When a creditor holding a published security interest over an immovable by destination forms an overbid, the sale is made by a ministerial officer authorised by his statute to conduct public auctions of tangible movables and, in the cases provided for by law, by sworn goods brokers. In the absence of a bidder, this creditor is declared the successful bidder for the amount of the reserve price. Payment of the…
Applications for authorisation and empowerment provided for by law, and in particular Article 217, the second paragraph of Article 1426 and Articles 2395 and 2440 of the Civil Code, are brought by application before the family court. Applications for authorisation and empowerment under articles 217 and 219 of the same code, where the spouse is unable to express his or her wishes, shall be submitted to the guardianship judge.
The application referred to in the first paragraph of Article 1286 shall be investigated and judged as in non-contentious matters and shall obey the rules applicable to such proceedings before the judicial court. However, where the application for authorisation seeks to override the spouse’s refusal, the provisions of articles 840 to 844 shall apply. The judge hears the spouse unless he or she is duly summoned and does not appear….
The appeal is lodged, investigated and judged, depending on the case, as in a non-contentious matter or as in a contentious matter. The case is heard and decided in chambers.
The application mentioned in the second paragraph of l’article 1286 as well as the appeal fall within the scope of non-contentious matters.
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is a Registered Trademark of
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182, rue de Rivoli
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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