Article R221-56 of the French Code of civil enforcement procedures
November 8, 2023
An application for a declaration of nullity does not suspend the seizure unless the court orders otherwise.
An application for a declaration of nullity does not suspend the seizure unless the court orders otherwise.
Standing crops belonging to the debtor may be seized in the six weeks preceding the usual ripening period.
On pain of nullity, the seizure report shall be drawn up in accordance with the provisions of article R. 221-16, with the exception, however, of the particulars set out in 2° of this article, which are replaced by a description of the land on which the crops are located, with its size, location and an indication of the nature of the fruit.
The crops are placed under the responsibility of the debtor as custodian. However, at the request of the distraining creditor, the execution judge may appoint a manager to the farm, with the debtor being heard or summoned.
The sale is announced by posters posted at the town hall and at the market nearest to the place where the crops are located. The notices shall state the date, time and place of the sale and indicate the plot of land where the crops are located, its size and the nature of the fruit. The bailiff will certify that this has been done.
The sale takes place at the place where the crops are located or at the nearest market.
Tangible movable property may be apprehended in the hands of the person who is required to hand it over by virtue of a writ of execution or directly in the hands of a third party who holds it on behalf of the latter. However, in the case of a land motor vehicle immobilised by one of the procedures provided for the application of article L. 223-2, it may only be…
An order to deliver or return the goods is served on the person required to surrender the goods. Under penalty of being declared null and void, the order shall contain : 1° A reference to the enforcement order under which the surrender is required; 2° An indication that the person required to surrender may, within a period of eight days, transport the designated property at his own expense to a…
The property may also be apprehended immediately, without prior command and on presentation of the writ of execution alone if the person required to surrender it is present and if, on being asked by the bailiff, he does not offer to transport it at his own expense. In this case, the document provided for in Article R. 222-4 contains the indication that disputes may be brought before the enforcement judge…
A record of the voluntary surrender or apprehension of the property is drawn up. This document contains a detailed description of the property. Where applicable, the property may be photographed; the photograph is attached to the deed.
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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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