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Since the command to pay preceding a seizure
Droit Immobilier

Since the command to pay preceding a seizure

📅 Decision of 18 February 2016🔄 Updated on 16 October 2026⚖️ Cour de cassation👁️ 18 views📖 2 min read

Since the command to pay preceding a seizure of immovable property, which article R. 321-1 of the Code of Civil Enforcement Procedures treats as an act of disposal and which constitutes an enforcement measure, was served after the debt giving rise to the seizure was rendered unavailable by a criminal seizure pursuant to article 706-145 of the Code of Criminal Procedure, the lifting of the seizure of immovable property must be ordered

Reference decision: cc • N° 14-24.321 • 2016-02-18 • View the decision →

This decision provides important insight into your property law rights. Here is what it changes for you.

The situation

Since the command to pay preceding a seizure of immovable property, which article R. 321-1 of the Code of Civil Enforcement Procedures treats as an act of disposal and which constitutes an enforcement measure, was served after the debt giving rise to the seizure was rendered unavailable by a criminal seizure pursuant to article 706-145 of the Code of Criminal Procedure, the lifting of the seizure of immovable property must be ordered

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the statutory time limits for appeals
  • Keep all supporting documents (title deeds, instruments, correspondence)
  • Plan ahead: preventive advice always costs less than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 14-24.321
  • Court: Cour de cassation
  • Decision of: 18 February 2016

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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