French Code of civil enforcement procedures

Provisional publication must be confirmed by definitive publication. This publication gives priority to the security on the date of the initial formality, within the limit of the sums retained by the security.

Final registration is carried out for mortgages in accordance witharticle 2428 of the French Civil Code and for pledges of business assets in accordance with articles L. 143-16 and R. 521-1 et seq. of the French Commercial Code. Only one fee or one real estate security contribution, as provided for in article 879 of the General Tax Code, is payable for provisional and final registrations.

The final publication of the pledge of shares and securities is carried out in the same way as the provisional publication. Once this formality has been completed, the creditor may request approval of the pledge, if applicable.

Final publication shall be made within a period of two months running as follows: 1° From the day on which the title establishing the creditor’s rights has become res judicata; 2° If the proceedings have been implemented with an enforceable title, from the day of expiry of the one-month period referred to in Article R. 532-6 or, if an application for release has been made, from the date of the…

If, after the sale of the property, the price has been duly paid for distribution, final publication is replaced by service of the creditor’s title on the person responsible for distributing the price, within the two-month period provided for in Article R. 533-4.

In the absence of confirmation within the time limit, the provisional publication lapses and a request may be made to the enforcement judge to cancel it. If the proceedings brought by the creditor are terminated or if the creditor’s application is rejected, an application for cancellation is made to the court hearing the case on the merits; failing this, cancellation is ordered by the enforcement court. Cancellation is effected on…