As an exception to articles 2284 and 2285 of the Civil Code, the rights of a natural person registered in the National Register of Companies in the property where his or her main residence is fixed are by law unseizable by creditors whose rights arise in connection with the person’s professional activity. Where part of the main residence is used for business purposes, the part not used for business purposes may not be seized by operation of law, without the need for a descriptive statement of division. The fact that the person is domiciled in his or her residential premises pursuant to article L. 123-10 of this code does not prevent this premises from being exempt from seizure by operation of law, without the need for a descriptive statement of division.
By way of derogation from articles 2284 and 2285 of the Civil Code, a natural person registered in the National Register of Companies may declare his rights in any built or unbuilt property that he has not used for his business to be exempt from seizure. This declaration, published in the real estate register or, in the departments of Bas-Rhin, Haut-Rhin and Moselle, in the land register, has effect only with regard to creditors whose rights arise, after its publication, in connection with the declarant’s professional activity. Where the property is not used in its entirety for professional purposes, the part not used for professional purposes may only be the subject of the declaration on condition that it is designated in a descriptive statement of division.
The unseizability referred to in the first two paragraphs of this article may not be relied upon by the tax authorities where they identify, against the person, either fraudulent manoeuvres or serious and repeated non-compliance with their tax obligations.