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Article R221-36-1 of the French Code of civil enforcement procedures

The distraining creditor who arranges for the removal of the assets with a view to their forced sale informs the creditors holding a published security interest in the same assets by registered letter with acknowledgement of receipt. Under penalty of nullity, this letter shall indicate the name and address of the official responsible for the sale and reproduce the following paragraph in very clear characters. Within fifteen days of receipt…

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Article R221-39 of the French Code of civil enforcement procedures

A deed of sale is drawn up. This deed shall contain a description of the goods sold, the amount of the hammer price and a statement of the full names of the successful bidders. An extract of the entries in the register referred to in article R. 521-1 of the French Commercial Code, drawn up in application of article R.221-14-1, is attached to the deed. Upon proof of payment of…

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Article R221-42 of the French Code of civil enforcement procedures

On pain of nullity, the notice of opposition shall contain an indication of the writ of execution by virtue of which it was filed, a separate statement of the sums claimed in principal, costs and accrued interest, as well as an indication of the interest rate. The notice of opposition is served on the first distraining creditor unless the opposition was filed by him to add a new claim or…

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Article R221-43 of the French Code of civil enforcement procedures

Any opposing creditor may extend the initial seizure to other assets. A writ of attachment shall be drawn up which includes a supplementary inventory under the conditions prescribed in articles R. 221-12 and R. 221-16 to R. 221-19. This document is served on the first distraining creditor and the debtor. The right to have a supplementary inventory carried out also belongs to the first distraining creditor.

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Article R221-44 of the French Code of civil enforcement procedures

If, at the time of a seizure, the debtor presents the creditor with the deed drawn up at the time of a previous seizure, the latter shall proceed by way of opposition as set out in Article R. 221-42. He may immediately carry out an additional seizure under the conditions prescribed in articles R. 221-12 and R. 221-16 to R. 221-19.

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Article R221-45 of the French Code of civil enforcement procedures

In the event of an extension of the initial seizure, the forced sale of all the seized assets is only carried out upon expiry of the last deadline for their amicable sale. However, those assets for which the time limit for their out-of-court sale has expired may be compulsorily sold immediately, either with the agreement of the debtor or the authorisation of the enforcement judge, or if the publicity formalities…

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