Article 1308 of the French Code of civil procedure
November 7, 2023
The bailiff may take all necessary steps to affix the seals. He shall affix the seals by means of his seal.
The bailiff may take all necessary steps to affix the seals. He shall affix the seals by means of his seal.
When the premises are closed, the bailiff may affix seals to the door if the applicant does not request that it be opened. If this is not the case, he may enter the premises by any means, in the presence of the mayor of the municipality, a municipal councillor or a municipal official delegated by the mayor for this purpose, a police or gendarmerie authority, required to witness the operations…
The bailiff shall appoint a custodian of the seals if this is justified by the consistency and apparent value of the goods. Where persons remain in the premises where the affixing is made, the bailiff shall designate the custodian from among those persons. The bailiff must obtain the acceptance of the person he establishes as guardian.
If a will is discovered, the bailiff initials it with those present. He then places it in the hands of a notary.
If documents are found, they are placed, if necessary, in a cabinet to which seals are affixed.
The bailiff deposits with the notary responsible for settling the estate, or, if there is no notary, either in his office or with a bank, any securities, sums, valuables, jewellery or other precious objects for which the affixing of seals would not appear to be sufficient precaution. He may also deposit cash values with the Caisse des dépôts et consignations.
If closed documents or packets appear, by their inscription or some other written evidence, to belong to third parties, the bailiff shall deposit them in his office and summon such third parties within a period which he shall fix so that they may attend the opening. If, during the opening, it is revealed that the documents or packages are extraneous to the estate, the bailiff shall hand them over to…
The sealing report is signed and dated by the bailiff. It includes: 1° A reminder of the decision by virtue of which the bailiff is operating; 2° A summary account of the statements made by the persons present and the action, if any, taken on them; 3° A description of the premises and furnishings on which the seals have been affixed; 4° A summary description of the objects not placed…
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…
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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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