Article R511-6 of the French Code of civil enforcement procedures
November 8, 2023
The judge’s authorisation lapses if the protective measure has not been implemented within three months of the order.
The judge’s authorisation lapses if the protective measure has not been implemented within three months of the order.
Except in the case where the precautionary measure has been implemented with an enforceable title, the creditor shall, within one month of the implementation of the measure, on pain of lapsing, institute proceedings or complete the formalities necessary to obtain an enforceable title. However, if an application for an order for payment submitted within the time limit set out in the previous paragraph is rejected, the matter may still be…
Where the measure is carried out in the hands of a third party, the creditor shall serve the third party with a copy of the acts attesting to the diligence required by Article R. 511-7, within eight days of their date. Failing this, the protective measure shall lapse.
If the conditions set out in articles R. 511-1 to R. 511-8 are not met, the judge may order the measure to be released at any time, with the parties heard or called, even in cases where Article L. 511-2 allows this measure to be taken without its authorisation. It is up to the creditor to prove that the required conditions have been met.
The application for release is made to the judge who authorised the measure. If the measure was taken without the prior authorisation of the court, the application is brought before the enforcement court of the place where the debtor resides. However, where the measure is based on a claim falling within the jurisdiction of a commercial court, the application for release may be brought, before any trial, before the President…
Other disputes are referred to the enforcement judge in the place where the measure is implemented.
Upon presentation, as the case may be, of the judge’s authorisation or of the title under which the law permits a protective measure, a seizure may be carried out on tangible or intangible movable property belonging to the debtor, even if it is held by a third party or if it has previously been subject to a protective seizure.
After reminding the debtor that he is required to indicate any assets that may have been subject to a previous seizure and to provide him with a record of the seizure, the bailiff draws up a seizure deed. Under penalty of nullity, this deed shall contain 1° A mention of the judge’s authorisation or of the title by virtue of which the seizure is carried out; these documents are attached…
If the debtor is present at the seizure operations, the bailiff shall verbally remind him of the content of the mentions in 4° and 5° of Article R. 522-1. A copy of the writ of seizure bearing the same signatures as the original is immediately handed over to him; this handing over is equivalent to service.
If the debtor was not present at the seizure, a copy of the document is served on him, giving him eight days to inform the bailiff of any previous seizures and to provide him with the minutes.
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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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