Posts archive for 2020

Our office has jurisdiction over the vineyards of Chablis, as it is under the jurisdiction of the Paris Court of Appeal. Indeed, our offices are certainly competent on the whole Paris region (Paris, inner and outer suburbs) but also on the departments of Eure et Loir (28) and Yonne (89). This is an opportunity to question the seizure of vines. In reality, the seizure of vineyards can have two facets. It can be a seizure of agricultural land, but also a seizure of the harvest. The seizure of vines as a seizure of standing crops: Before studying this seizure, [...]

If the debtor wants to protect his valuable effects in a safe deposit box, he may be confronted with a seizure of the safe deposit box. Of course, when we talk about a seizure of a safe deposit box, we are actually talking about the seizure of the assets in the safe deposit box. There are actually two separate procedures depending on the nature of the safe deposit box. The first is the seizure of the safe of an individual or a company kept at home or in the office, while the second is the seizure of property placed in a safe held within a banking institution. The property contained [...].

Sometimes, proceedings against a natural person are made difficult by the lack of sufficient movable surface area to recover its claim, other times because of a more or less voluntary organization of an insolvency. Thus, in particular, a number of debtors organise their assets through companies and their real estate assets through SCIs. And yet, shares in SCIs can be seized and sold at auction, which, when one knows how to use this subtle tool of the seizure of shares in SCIs, very frequently makes it possible to obtain efficient recovery. Our study, which specialises in the implementation of the [...]

If you are the owner of a rental unit, it is possible that one day a tenant may die during the course of the lease. In this case, what should you do? How to react to the death of a tenant? The rules differ according to the nature of the lease (furnished or unfurnished), and according to the existence or not of a surviving co-occupant and heirs. We will see successively the case of the death of a tenant holding an empty lease (law of 1989) by distinguishing the case where the tenant lived alone from the case where he did not live alone. We will then look at the case of furnished rentals, which [...].

Our firm specialises in French and international proceedings, and has recognised expertise in proceedings that are out of the ordinary, whether they involve the seizure of exceptional intangible personal property (seizure of taxi licences, seizure of a licence for a public house, or seizure of trademarks or domain names...) or exceptional tangible personal property (seizure of aircraft or helicopters, seizure of barges or boats). We are regularly called upon to assist our creditor clients throughout Europe to carry out or have carried out the seizure of vessels, whether they fly the French or foreign flag. This is an opportunity [...]

While article 2284 of the Civil Code provides that "Anyone who has committed himself personally shall be bound to fulfil his commitment on all his movable and immovable property, present and future", the law has provided for exceptions to this general principle, listing exhaustively the cases of unseizability. A brief overview of unseizable property. Among the assets that are exempt from seizure are both movable and immovable property, tangible and intangible property. Tangible movable property that is exempt from seizure: Most of it is listed in article R112-2 of the Code of Civil Procedure for Execution.

The break-up of Pacs can occur in different ways: - automatically: by the marriage of one or more partners or by the death of one of the partners. - voluntarily: by a joint request of the partners, or by a unilateral decision. It is obviously the latter solution that poses the most problems. The automatic termination of PACS: In the event of the death of one of the PACS partners, the latter is dissolved on the date of the said death. The civil registrar responsible for recording the death on the birth certificate of the deceased partner will note the existence of a PACS, and will warn [...].

The European Enforcement Order was created by Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims and entered into force on 21 October 2005. What is the European Enforcement Order? The European Enforcement Order (EEO) enables individuals and companies in the European Union (with the notable exception of Denmark) to enforce a civil or commercial court decision throughout the European Union, irrespective of their nationality. The EEO is a court decision, court settlement or authentic instrument relating to [...].

One of the most spectacular enforcement actions is the seizure of aircraft. Difficult to establish the inherently volatile nature of the property to be seized, this seizure of aircraft is extremely useful. Our study is your privileged ally in the seizure of aircraft: Thanks to its perfect mastery of the subject, our study can carry out seizures at Paris le Bourget airport (93), as well as at Roissy Charles de Gaulle (93), Orly (94), Issy les Moulineaux heliport and the airfields of Bailleau Armenonville (28), Vernouillet (28), Chavenay Villepreux (78), Les Mureaux-Verneuil (78), Saint-Hubert (78), Saint-Hubert (78) and Paris (78).

As an essential tool for the operation of a public house, the IV licence is sometimes the only valuable asset of an establishment, apart from the goodwill. Indeed, by dint of leasing, the provision of coffee machines or beer pumps by, respectively, the coffee supplier or the brewer, creditors are sometimes deprived when their debtor is a public house... unless they use the seizure of licence IV. Our bailiffs' office in Nanterre La Défense has, as always, an amicable approach for this type of debtor by seeking to [...].

When a creditor's debtor is a civil partnership (SCI, SCP, SCCV, etc...) he has, contrary to what happens with a limited liability company for example, the possibility to turn directly against the partners of the civil partnership. Indeed, while the partner of an SA or a SARL is protected by the partnership, the partner of a SCI, a SCP, a SCCV, etc. is liable on his own property for the debts of the civil partnership. Thus, the creditor of a defaulting civil partnership can seek settlement of his debt from the partners. Under what conditions? However, each partner is only liable [...].

Le non remboursement du dépôt de garantie, usuellement et improprement appelé « caution » est une cause fréquente de litige entre le bailleur et le locataire, parfois chacun de bonne foi.  Le règle est que le locataire doit prendre soin du logement et l’entretenir, du moins en ce qui concerne l’entretien et les réparations locatives. S’il s’avère que le locataire a failli à cette obligation, le bailleur pourra alors prélever sur le dépôt de garantie les frais réellement engagés pour procéder auxdites réparations. Il appartiendra au propriétaire de justifier d’une part de la dégradation de son bien par le fait du locataire, […]

Garage owners are faced with a real scourge: the abandonment of vehicles, before or after repair, by their customers. Whether it is a question of customers who do not follow up after a quote, or customers who have the repair work done but do not come to collect their vehicle, probably because of a lack of funds or sometimes because of disinterest. What to do if the car is abandoned at the garage? What to do when a car is abandoned at the garage? The aim is twofold: to free up space at the garage and to allow the garage to be paid for its work.

Unpaid alimony, a plague. In France, nearly 40% of alimony payments are made irregularly, out of ill will or because of financial difficulties of the former spouse. This alarming phenomenon mainly affects women, most of whom are heads of single-parent families. On 1 June last, the judicial officers, partners of the K d'Urgence Foundation, intervened during the Special Single Parent Day. A propitious occasion to recall our know-how. As a specialist in cases of non-payment, our study is able to detect the profile and behaviour of a debtor and quickly assess his level of solvency and the chances of recovery. We are perfectly qualified to help you [...]