Article R412-3 of the French Code of civil enforcement procedures
For the application of the provisions of article L. 412-3, the judge may grant the time limits provided for therein, even ex officio.
For the application of the provisions of article L. 412-3, the judge may grant the time limits provided for therein, even ex officio.
From the date of service of the summons to vacate the premises, any request for time limits made pursuant to articles L. 412-2 to L. 412-6 shall be brought before the enforcement judge of the place where the property is located.
The bailiff shall draw up a report of the eviction operations, which shall contain the following information, under penalty of nullity: 1° A description of the operations carried out and the identity of the persons whose assistance was required; 2° The designation of the court competent to rule on disputes relating to the eviction operations. The minutes are signed by all the persons mentioned in 1°. If they refuse to…
The eviction notice is served on the person evicted.
If goods have been left on the premises or deposited by the bailiff in an appropriate place, the eviction report shall also contain, on pain of nullity: 1° An inventory of these goods, indicating whether or not they appear to have a market value; 2° A mention of the place and conditions of access to the premises where they were deposited; 3° A summons to the evicted person, in very…
The period provided for in article L. 433-1 is two months, non-renewable, from the date on which the eviction notice is served.
The evicted person may apply to the enforcement judge to contest the absence of a market value for the property retained by the bailiff in the inventory. The application must be made, on pain of inadmissibility, within one month of service of the eviction notice. It suspends the two-month period mentioned in article R. 433-2 at the end of which property declared to have no market value is deemed to…
If all the assets have been removed before the date set for the hearing, the owner of the premises is required to inform the judge by any means in writing or by a declaration at the court registry.
If the goods left on the premises or deposited in a suitable place have a market value, they are compulsorily sold as in the case of seizure and sale. The proceeds of the sale, after deduction of costs and, if applicable, the amount of the landlord’s claim, are deposited with the Caisse des Dépôts et Consignations on behalf of the evicted person, who is informed by the official responsible for…
Goods with no market value are deemed to have been abandoned, with the exception of personal papers and documents, which are placed in a sealed envelope and kept for two years by the bailiff. Notice of this is given to the person being evicted, under the conditions set out in the last paragraph of article R. 433-5. On expiry of the period provided for in the first paragraph, the bailiff…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.