French Code of civil enforcement procedures

Any creditor may, under the conditions laid down by law, compel his defaulting debtor to perform his obligations towards him. Any creditor may take precautionary measures to safeguard his rights. Forced execution and precautionary measures are not applicable to persons who benefit from immunity from execution.

Precautionary measures or compulsory execution measures may only be implemented on property belonging to a foreign State with the prior authorisation of the judge by means of an order made on application.

The court may only authorise precautionary measures or compulsory execution measures in respect of property belonging to a foreign State if one of the following conditions is met: 1° The State concerned has expressly consented to the application of such a measure; 2° The State concerned has reserved or allocated this property to the satisfaction of the claim which is the subject of the proceedings; 3° Where a judgment or…

Precautionary measures or measures of distraint may be applied to property, including bank accounts, used or intended to be used in the exercise of the functions of the diplomatic mission of foreign States or their consular posts, their special missions or their missions to international organisations only in the event of an express and special waiver by the States concerned.

A creditor in possession of a writ of execution recording a claim that is due and payable may enforce it against the debtor’s assets in accordance with the conditions applicable to each enforcement measure.

The only enforceable titles are 1° Judicial or administrative decisions that are enforceable, as well as agreements to which these courts have granted enforceability; 2° Foreign deeds and judgments as well as arbitration awards declared enforceable by a decision not subject to an appeal suspending enforcement, without prejudice to the provisions of European Union law applicable; 2° bis Decisions handed down by the Unified Patent Court; 3° Extracts from conciliation…

Enforcement orders referred to in 1° to 3° of Article L. 111-3 may only be pursued for a period of ten years, unless the actions for recovery of the claims established therein are subject to a longer limitation period. The period mentioned inarticle 2232 of the Civil Code is not applicable in the case provided for in the first paragraph.

Pursuant to the provisions applicable in the Moselle, Bas-Rhin and Haut-Rhin départements, the following also constitute enforceable titles: 1° Deeds drawn up by a notary in these three départements where they relate to a claim for the payment of a specific or determinable sum of money, or the provision of a specific or determinable quantity of other fungible goods or securities, and where the debtor consents in the deed to…

A claim is liquid when it is valued in money or when the security contains all the elements required for its valuation.

The creditor has a choice of measures to ensure the performance or preservation of his claim. The execution of these measures may not exceed what is necessary to obtain payment of the obligation.