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Showing 4321–4330 of 65818 articles for “Art. L 225-248 · Loi 2023-171 of 9 March 2023”
Leases granted by the debtor after the act of seizure, regardless of their duration, cannot be set up against the pursuing creditor or the purchaser. Proof of the lease's anteriority may be provided b…
Prior authorisation from a court is not required where the creditor relies on an enforceable title or a court decision that is not yet enforceable. The same applies in the event of non-payment of an a…
For the application of the provisions of Books III and IV, insofar as they relate to protective measures in respect of immovable property, a creditor in possession of a certificate of registration iss…
The enforcement agent is responsible for carrying out enforcement operations. Where required by law, he is empowered to ask the enforcement judge or the public prosecutor to grant the necessary author…
The request for direct payment is made through a bailiff. Where a public administration is subrogated to the rights of a maintenance creditor, it may itself make the application for direct payment and…
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.
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, w…
The seizure of joint property is pursued against both spouses.
The bailiff may enter the premises and, if necessary, have the doors and furniture opened in order to describe the seized property. In the absence of the occupant of the premises or if the occupant re…
The auction results in the forced sale of the seized property and transfers ownership to the successful bidder. It does not confer on the latter any rights other than those belonging to the distrainee…
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