Posts archive for March, 2020

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 [...]