Legislative part

Procedures for the distribution of funds arising from the execution of civil enforcement proceedings provided for in this Book shall be governed by a decree of the Conseil d’Etat.

The purpose of a property seizure is the forced sale of the debtor’s property or, where applicable, that of the third party purchaser, with a view to distributing the proceeds.

Any creditor in possession of a writ of execution evidencing a claim that is due and payable may proceed with a seizure of property under the conditions laid down by this Book and by the provisions of Book I that do not conflict with it.

Any agreement to the effect that the creditor may sell the debtor’s immovable property without following the procedures prescribed for the seizure of immovable property is null and void.

Where proceedings have been commenced under a provisionally enforceable court order, the compulsory sale may only take place after the final order has become res judicata. However, during the opposition period, no proceedings may be brought by virtue of a decision rendered by default.

A creditor may only seize several of his debtor’s immovables if the seizure of one or more of them would not be sufficient to satisfy him and the registered creditors. The creditor may only seize immovables that are not mortgaged in his favour if the mortgage from which he benefits does not allow him to be satisfied of his rights.

Unless there are specific legislative provisions, the seizure of immovable property may cover all rights in rem relating to immovable property, including accessories deemed to be immovable property, which may be the subject of an assignment.

The seizure of joint property is pursued against both spouses.

The immovable property of a minor, even an emancipated minor, or of an adult under guardianship or tutorship, may not be seized before their movables have been discussed. However, discussion of the movables is not required before the seizure of undivided immovables between an adult and a minor or an adult under guardianship or tutorship, if the debt is common to them. Nor is it required if the proceedings began…