Glossary

Repeal

Repeal is the name given to the cancellation for the future of the enforceability of a legislative or regulatory text.

Acceptance

Acceptance is the fact by a person of declaring that he subscribes to the commitment offer proposed to him.

Accipians

It is used (less and less) by practitioners to designate one of the contracting parties who receives or is waiting for a service that must be provided to him or waiting for the price of the service he has provided. The "solvens" is the name given to the person who owes this service or this price. The words "creditor" and "debtor" refer to the same situations

Advance payment

At the time of the purchase of a property, the buyer pays a deposit corresponding to a fraction of the sale price. Contrary to the down payment, the installment does not grant right of revocation to the one who pours it.

Asset available

The asset immediately realizable by the company.

Action (Procedure)

A distinction should be made between “action” and “instance”. The action is the right that belongs to a person to assert a claim by seizing the court to which the law attributes jurisdiction to hear it. The instance is only the procedural development resulting from the referral to the judge.

Amicable Action (Recovery)

Amicable collection on behalf of others consists of implementing any material means, initiating and following up any legal action, in order to bring the debtor of an obligation, to voluntarily fulfill it without resorting to a forced execution.

Recourse action

The adjective "recursive" qualifies the action by which a person against whom proceedings are brought, brings in a third party to answer for the sentences that may be pronounced against him.

Ad hoc

Which was instituted specifically to meet a need.

Membership

Unilateral decision to support an act or a cause

Award

The "adjudication" is a sale by public auction, also known as a "forced sale" which takes place, generally after a judgment condemning the debtor to the payment of a sum of money that he has not been able to pay, or did not want to pay voluntarily despite the decision.

Administrator

The legal representatives for the recovery and liquidation of companies "act as "administrators". They are responsible, together or separately, for supervising the debtor in his management or assisting him with all or some of the management acts. If during the observation and control period, the company files for bankruptcy or if the creditors demonstrate that their debtor no longer has sufficient cash to meet its debts, the debtor company is declared "in receivership". and, if we can only get out of the burdened situation of this trader by selling the goods of his company, this one is put in “judicial liquidation”.

Factoring

Contract by which a specialized credit institution, called a factor, buys firm the receivables held by a supplier, called a seller, on its customers (French or foreign), called buyers or recipients of services, for remuneration. In the event of non-payment, the risk is covered by the factor, who cannot turn against the seller.

Collection agent according to the ANCR

The members of the ANCR are debt collection professionals, registered in the Trade and Companies Register. They respect the Statutory obligations of their professional organization, and comply with the regulations in force.

They guarantee their customers:

• The competence and morality of their employees
• Subscription to professional liability insurance
• The opening of a bank account reserved for the receipt of the funds collected
• Coverage of funds due to creditors
• The declaration of activity to the Public Prosecutor
• The establishment of a mandate contract setting out the rights and obligations of the parties
• Home visits carried out by exclusively salaried collectors
• Regular reports on the execution of the mandate received
• The payment of the sums available within the deadlines provided for in the mandate contract
• The confidentiality of the information communicated.

They undertake with regard to debtors to:

• Ensure the basis of claims and amounts due.
• Identify yourself clearly and unambiguously
• Use simple and understandable language
• Commit to professional secrecy and respect people and their privacy
• Search for an amicable agreement
• Warn debtors before resorting to forced recovery
• Respond to inquiries about receivables
• Provide a receipt for any payment.
• Send a letter specifying in particular

– the complete identification of the cabinet

– the mention of amicable recovery

– identification of the creditor

– the basis and amount of the sum due in principal, interest and other accessories

– the terms of payment of the debt

– the reproduction of the 3rd and 4th paragraph of article 32 of law 91-650 of July 9, 1991

Alienation

Refers to the voluntary transfer to others of the ownership of a thing for consideration or free of charge.

allege

To affirm, to put forward certain arguments. (= argue)

Allocate

Award someone an indemnity. (= grant).

Amicable

Achieving a “transaction” by mutual agreement without resorting to the legal authorities.

Call

The “appeal” is a remedy. In the French legal system, appeals against decisions rendered by the courts of first instance (Tribunal d'Instance, Tribunal de Grande Instance, Commercial Court, Social Security Court, Conseil de Prud'hommes, Joint Tribunal rural leases) are concentrated in the hands of the Court of Appeal in the territorial jurisdiction of which these jurisdictions have their headquarters. The appeal has a devolutive effect. devolution taking place for the whole when the appeal is not limited to certain heads of the contested judgment (1st Civ. – September 26, 2007, BICC n°674 of January 15, 2008). By the devolution (articles 561 and following of the CPC), which can be total or partial, the judges of appeal are invested with the duty to rule anew, in fact and in law, on the object of the dispute which is the subject of the judgment rendered at first instance. The appeal seeks the reversal or annulment of the first decision. The person who is brought before the Court of Appeal is called the "respondent", while the person who initiated the appeal is the "appellant" or "appellant".

Warranty claim

We must be careful not to confuse the appeal, which is a means of recourse, with a procedure called “call in guarantee”. This recourse is exercised when a person who is summoned to justice considers that another person should be substituted for him in the convictions which could be pronounced against him. By the appeal in guarantee, the one who takes the initiative of this procedure, causes to be cited before the Court already seized, the person who must be substituted for him. It will be, for example, the call in guarantee of the insurer of the driver of a vehicle which caused an accident so that the insurance company can be opposed to the decision to intervene and that the convictions pronounced against insured are ultimately paid by the insurer.

Appeal-nullity

In terms of arbitration, the doctrine designates by the expression "nullity appeal", the remedy which is open, before the Court of Appeal against the orders made in summary proceedings, as the case may be, by the president of the Court of High Court or by the President of the Commercial Court within the framework of their mission of assistance in arbitration (doctrine designates in this case the judge in chambers under the term of "support judge"), when they have refused to appoint an arbitrator and that their refusal is based on paragraph 3 of article 1444 of the Code of Civil Procedure. The judge in chambers may, in fact, refuse to appoint an arbitrator in the event that the arbitration clause is manifestly void or if it is insufficient to constitute the arbitral tribunal. This procedure also applies if the refusal results from an excess of powers of the judge in chambers (Cass. 21 Jan. 1998 Rev. arb. 1998. p. 113).

Appellant

Person who appeals against the judgment rendered in first instance and asks for its reversal. (He opposes the respondent*).

Clearance

Action to pay a debt or a set of debts in order to eliminate all liabilities (of a company, for example).

Arbitration

“Arbitration” with mediation constitutes an alternative to the trial submitted to the jurisdiction of the State by the designation of private persons whom the parties entrust to judge their dispute. In the United States, the federal authorities have set up a program called “Alternative Dispute Resolution” to develop arbitration in particular in order to avoid congestion in the courts. Arbitration in private trials has developed in particular in Canada, in England, in particular to resolve commercial disputes. In these countries, civil disputes are not excluded from the scope of arbitration.

Arbitrator

Person who holds his power to judge not by a delegation of the state but by an agreement of the parties via an arbitration clause*. The arbitrator decides in law, but the parties can demand that the Arbitrator decide as an amicable composer, that is to say in equity. The arbitrator renders arbitration awards that are binding on the parties, like a judgment.

Stop

As opposed to "judgments" rendered by lower courts (High Court, District Court, Commercial Court, etc.), the word "judgment" is an expression of the legal technique used to designate a decision rendered either by the civil courts of higher degree, that is to say, by the Courts of Appeal or by the Court of Cassation). The term "arrestist", which is no longer in use, or "commentator", is used to designate a person who publishes notes on the judgments rendered by the Courts of Appeal or by the Court of Cassation.

Deposit

In the case of a sale, when the buyer reserves the right to withdraw, he pays the seller a sum of money called "deposit" which, in the event that the sale does not take place, the latter will keep in compensation. If it is the seller who declares this disclaimer, he will have to pay the double of the said sum to the buyer.

Back

What remains to be paid after a delay in payment

Plate

A term often used in tax matters. Economic base, reference value used to calculate a right or an obligation.

Summons

Procedural act which allows a person (the plaintiff) to inform his adversary (the defendant) that she is initiating a lawsuit against him and invites him to appear before a court. The summons is drawn up and issued by a bailiff. We must say “To summon to appear”, means to summon someone to court. The summons is both the formality and the name given to the document that the bailiff gives to the person summoned. In the language of the Palace, practitioners often use the word "summons", even when the Law provides that the summons can be sent by post.

Credit insurance

Special form of insurance that allows a company to be fully or partially covered against the risk of non-payment

Penalty

When a person is ordered to pay a sum of money, the traditional means of enforcement, which consist in the seizure and sale of goods or the seizure of debts or capital belonging to the debtor fulfill their purpose perfectly. The “astreinte” is a sum of money that a person debtor of an obligation to do or not to do, must pay to the creditor of the service until it is executed.

Comminatory penalty

The "comminatory penalty" characterizes an order given by the Court by which it threatens the debtor with a service, to condemn him in the event of non-execution of this order, to pay a sum of a cumulative amount for each day of delay . Once the service has been performed, the sum is liquidated taking into account the greater or lesser speed with which the debtor has fulfilled his obligation. To escape the penalty, the debtor must perform voluntarily. The Court of Cassation rules that if the debtor complies after he has received notification of the decision ordering him to pay a penalty payment, it must be considered that he has not complied voluntarily and the judge cannot discharge (Ass. Plèn. February 24, 2006 – BICC No. 640 of May 15, 2006 and Report by Mr. Blatman Advisor-rapporteur). When it is not comminatory, the penalty is said to be final: in this case, there is no need for liquidation.

Hearing

The "hearing" is the moment of the procedure during which the judge, when the procedure is "single-judge" or the court, when the case is heard by a collegial formation, hears the parties and/or their counsel ( attorneys, lawyers, legal representative or ad hoc agents) in their oral observations. The Public Prosecutor or one of his Substitutes may attend all hearings, even those held by the specialized courts within his jurisdiction (art. L 311-15 of the Code of Judicial Organization) in fact, he is only represented at civil hearings if the case is “communicable”. It is the President of the jurisdiction who, after having taken the opinion of the general assembly of the magistrates of the seat, fixes by ordinance the number, the day and the nature of the hearings of his jurisdiction. In urgent cases, he may authorize the holding of additional hearings. The hearings are public with the exception of those which take place in the "council chamber". The hearings take place in accordance with the provisions of articles 432 and following of the Code of Civil Procedure. The parties and their counsel are bound by a duty of discretion and to enforce this obligation, the magistrate presiding over the hearing has police powers. A judicial officer attends, in principle, the hearings of the High Court and those of the District Court. Hearings are held at the "courthouse", but there are cases where in order to bring justice closer to the litigant, judges hold "mobile hearings" in public buildings (schools, town halls) this is particularly the case in Judicial districts overseas. On certain occasions the judges of the Courts and Tribunals meet in solemn audiences. The magistrates of the Courts there wear the red robe, a hat, a belt and gloves, while the magistrates of the courts of first instance and those of the district courts keep the black robe. On the other hand, they also wear a hat, a belt and white gloves.

Authority of res judicata

Set of effects attached to a judicial decision, such as the force of legal truth. (Opposed to res judicata*).

court assistant

"Auxiliary of justice" is the expression that collectively designates all the professions that contribute to the functioning of the public justice service. This quality is recognized in particular for lawyers, bailiffs, attorneys, judicial administrators and liquidators. On the other hand, as for the application of the provisions of article 47 of the CPC which confers on the auxiliaries of justice a privilege of jurisdiction, also known as "privilege of the forum", the jurisprudence is divided as to attribute this quality to the lawyers to the Councils, to notaries, and to experts. On the status of the various actors and auxiliaries of justice, consult the website of the Ministry of Justice.

Amendment

Agreement amending or supplementing a convention and often annexed to the latter.

Lawyer

Lawyers are jurists who belong to a professional organization known as the Order of Lawyers at the Bar of the city where the seat of a High Court is located. Their function consists mainly of consulting, drafting legal acts, and assisting their clients before a court, before an arbitration court or a Disciplinary Board. Two decrees published in the official journal of September 17 (OJ n° 215 of September 17, 2003 – page 15943 and page 15944) set the program and procedures for the examination for access to the regional center for professional training of lawyers (CRFPA) and the lawyer's aptitude test.

Attorney

The "attorney" is a ministerial officer who, except in certain matters for which his ministry has not been made compulsory, has the privilege of postulation to initiate proceedings and to conclude before a Court of Appeal. There is no exception to this rule except in matters relating to social law. This competence limited to the acts of the trial taking place before a Court of Appeal led the Court of Cassation to judge (Cass. Com., November 9, 2005. BICC n°636 of March 15, 2006, N° 495) that the declaration of claim is equivalent to a legal claim and that the person who declares the claim of a third party must, if he is not a lawyer, be provided with a special power given in writing which must be produced, either at the time of the declaration of debt, or within the legal period of this declaration. Such is the case of the solicitor in that the general mandate of legal representation that he holds only concerns, as to its terms of exercise, the proceedings pending before the Court of Appeal. There are no solicitors before the Courts of Appeal sitting in the Overseas Territories, nor before those of the Departments of Haut Rhin, Bas-Rhin or Moselle: the postulation is ensured by lawyers residing locally. . Before the Court of Cassation, the postulation is entrusted to “Avocats aux Conseils”.

having cause

A person who has acquired a right or an obligation from another person called its originator.

Have right

A person who holds a right and is entitled to exercise this right.

Direct action

is that which the law attributes to a person allowing him to institute proceedings against a person with whom his debtor is in a given legal situation.

oblique action

Procedure provided for by article 1166 of the Civil Code which, with the exception of personal actions, is given to the creditor of a person who neglects, fraudulently or not, to assert his rights against his own debtors.

Paulian Action

is an action brought by a creditor against a debtor who has made an act in fraud of his rights, for example when he organized his insolvency or when he reduced the value of his patrimony, with the aim of making vain the exercise of any means of execution.

B

Lease

The Civil Code in Title VIII (art. 1708 and following) designates under the general name of "contract of hire", both the hiring of things, the hiring of work which is the business contract and the hiring of service which is the employment contract.

With regard to the rental of things, to designate the agreement by which a person gives property to another with a view to using it in return for remuneration known as "rent", usage has consecrated two expressions, "rental" and " lease ". The word "hiring" is rarely used in everyday language except to designate the hiring of "master cars". He actually disappeared with the masters.

In common legal parlance, the words “lease” and “rental” are used interchangeably to designate the rental of real estate. But over time, jurists having abandoned the use of the verb “bailler”, we say when we designate the owner, that he “gives on lease” and for the one who receives the property, that he “takes on lease”. We avoid the amphibiological expression "to rent" which, if it is not placed in a context that makes its meaning explicit, poses the problem of knowing whether the verb is taken in its active sense of "to rent" or in its passive meaning of “taking on hire”. See also the word: "Louage".

In preference to the word “lease”, the word “rental” is more commonly used when the object of the contract is a moveable thing. We say “rent a car” or “rent a pair of skis”. “Rent” is also used in the passenger transport contract. We say “rent a seat on a train”. Similarly, lawyers continue to use the verb “hire someone's services” in place of “hire” or “hire” an employee.

The lease of a building or parts of a building intended for housing is governed by:

• the general provisions contained in articles 1713 and following of the Civil Code,
• Law No. 89-462 of July 6, 1989 to improve rental relationships, through various provisions of the Construction and Housing Code,
• Article 62 of Law No. 91-650 of July 9, 1991 reforming civil enforcement procedures as amended, with regard to termination and the eviction procedure, by Law No. 98 -657 of July 29, 1998 relating to the fight against exclusions.
• by the Construction and Housing Code.

The request for termination of a residential lease, when it is based both on a failure to pay rent and a breach of the obligation of peaceful enjoyment, in particular, by the existence of a rental debt, must, on pain of inadmissibility, have been notified to the Prefect, and this within the period of two months provided for by article 24 of the law of July 6, 1989. The omission of this formality cannot be repaired by a notification made pending (3rd Civ. – April 16, 2008. – BICC n°687 of September 15, 2008). With regard to commercial leases, the serious and legitimate reason for refusing to renew the commercial lease may be constituted by a fault attributable to the tenant or to the persons for whom he answers. (3rd Ch. Civ., June 11, 2008. BICC n°690 of November 1, 2008).

Commercial lease

Minimum nine-year lease of premises for commercial use and which is subject to the protective provisions for the tenant defined by decree 53-960 of September 30, 1953.

Certain conditions must be met to benefit from the status of commercial leases:

• the tenant must be a merchant, an industrialist or a craftsman, registered in the trade and companies register or in the trades directory.
• the lessee must be the owner of a business or craft fund
• the fund must be operated in the premises

Emphyteutic lease

Rental of a physical building for a period ranging from 18 to 99 years in return for a modest fee.

Bankruptcy

A natural person can answer for this criminal offense when his state of cessation of payments is the result of his own act.

Discussion benefit

Right granted to the Surety who may require the creditor to first pursue the sale of the property of the principal debtor, on condition that it advance the costs of the prosecution and indicate the seized property.

Division profit

Right, granted to all persons who have stood surety for the same debt, to demand that the creditor reduce his action against them in proportion to his share in the debt.

Goods

The word "property" designates a material thing that is the subject of private or public appropriation. This notion is opposed to that of “rights” which are immaterial prerogatives. Put in the plural, the expression “property”, encompasses all the furniture and buildings belonging to a person: all of his property and his rights and actions constitute his heritage. The Civil Code, which governs property law, makes a distinction between property that is subject to individual appropriation and that which is “non-commercial”. The nature and classification of property determines the scope of the rights of those who are its owners, possessors or holders.

The geographical location and the nature of the assets determine the jurisdiction of the courts which are seized of the dispute of which they are the subject.

Balance sheet

Photograph at a time T of the financial situation of a company. It generally takes the form of a table in which the assets (income) are displayed on the one hand and the liabilities (expenses) on the other. A subtraction is made between the products less the expenses to obtain the final result of the company

Promissory note

Commercial paper by which a person called the subscriber (the debtor, i.e. the client) acknowledges his debt and undertakes to pay, to another person called the beneficiary (the creditor, i.e. the supplier, or a third party designated by him), a certain sum at a given time.

BODACC

Official Bulletin of Civil and Commercial Announcements. This is the official journal which presents all the information published by the clerks of the commercial courts.

A good family's father

Terms used to describe a prudent and diligent person.

Sincerity

Terms used to qualify the attitude of a person willing to comply with the law and who legitimately believed that his situation complied with the legislative requirements.

Cabinet

The Cabinet is the office occupied by the President and the judges. The magistrates occupy them alone or sometimes share them with other magistrates inside the courthouse. The word applies to the office of the magistrates of the seat as well as to those of the Public Prosecutor's Office.

The word "firm" also refers to the offices of a lawyer. On the other hand, the office of an attorney, a notary, or a bailiff is a "study"

Collection firm

This is a name given to companies, legal persons which, in a usual or occasional manner, even on an ancillary basis, carry out the amicable recovery of debts on behalf of others, with the exception of those who proceed under their professional status or within the framework of the regulation of their profession.

DECREE 96-1112 of December 18, 1996 governs the regulation of the activity of persons carrying out the amicable recovery of debts on behalf of others.

Cassation (judgment of)

Decision by which the Court of Cassation totally or partially annuls the judgment rendered by the Court of Appeal. (oppose rejection*)

Cause

The contract to be validly formed must have a cause and moreover it must be lawful.

Bail

The "suretyship" is a personal security by which a person called "the surety" undertakes with respect to a third person called "the beneficiary of the suretyship" to pay the debt of the principal debtor called "the person guaranteed", for in the event that the latter fails to fulfill its commitments.

The bond can also be legal or judicial when it results from a legal requirement or a court decision.

The guarantor intervenes in principle only on a subsidiary basis and to do this can require that the debtor be discussed in his goods. In other words, it will make up for the debtor's default if and only if the sale of the latter's assets is not enough to satisfy the creditors. (see benefit of discussion).

Certificate of irrecoverability

Document attesting to the impossibility of recovering an unpaid amount and allowing the invoice to be 'loss' in the accounting and tax sense of the term. And to be able to recover the VAT

Certificate of non-payment

In terms of unpaid checks, it is the document given by the bank to the beneficiary of the check. The service of this certificate of non-payment by the Bailiff is equivalent to a command to pay.

Cessation of payments

The state of cessation of payments is the situation in which a person or a company finds itself which no longer has sufficient cash to meet its liquid and payable debts. The cessation of payments is not to be confused with a temporary gene of cash, nor with insolvency. The finding by a commercial court of the state of cessation of payments leads to the opening of a receivership procedure.

Assignment

This is the transfer of ownership of a good or a right inter vivos for consideration or free of charge. The assignor is the assignor. The recipient is the assignee.

Check

A check is an authorized but not mandatory means of payment. This means that a merchant can refuse payment by check or require a minimum amount for it. In addition, anyone who pays by check must, in fact, be able to prove their identity by means of an official document bearing their photo.

Properly filling out a check is essential. Always take a minimum of precautions. Preferably use a ballpoint pen with black ink. Always write the same amount in numbers and in words. Never sign a blank cheque, that is to say a check for which the amount is not written in figures and in words.

Do not forget to indicate the current date. Post-dating a check is strictly prohibited. Not only do you risk a fine, but also this practice does not allow you to obtain deferred payment of your check because the banks are required to pay any check presented to them without worrying about the date entered, as soon as it is written in due form. Know that you only have fifteen days to contest an account statement. The lifespan of a check, whether bank or postal, is one year. Never forget that a check is a means of payment and not a credit instrument.

Note that the opposition procedure is exclusively reserved for the case of loss or theft.

Check – Opposition

You can only oppose the payment of a check in the event of loss or theft, fraudulent use and fraudulent recovery or liquidation of the bearer. Opposition is prohibited for any other reason, in particular in the event of a commercial dispute. .In addition, you must remember to report the opposition and specify the reason in writing to your bank.

News

• Paris Contentieux offers Credit Management Training
• The reform of the Prescriptions
• The Academy of Accounting Sciences and Techniques and

No founding check

Issuing an NSF check is a serious act that leads to a banking ban.

The beneficiary of an NSF check has certain guarantees and several means of action that he must quickly implement to protect his interests.

The banker's obligation to pay certain NSF checks

The issuer's bank is required to honor the following two categories of NSF cheques:

• those with a value less than or equal to €15, presented less than one month after their date of issue,
• those whose issue was encouraged by serious negligence on the part of the banker (eg handing over of checkbooks to a customer prohibited from banking).

Documents provided by the bank

As soon as a bank decides not to honor a check for lack of funds, it is required to inform the beneficiary within two days by sending him a rejection certificate. This indicates that the issuer of the check is prohibited from banking and that if the check is not settled within 30 days, a certificate of non-payment may be drawn up at the request of the beneficiary and sent within 15 days. But, this certificate must be sent by the bank after a second unsuccessful presentation. This document is worth an order to pay and is essential to implement the simplified recovery procedure.

The simplified collection procedure

This simple and free procedure for the beneficiary makes it possible to recover the amount of the check directly from the issuer. The beneficiary must begin by serving the issuer of the check with the certificate of non-payment, either by bailiff or by registered letter with acknowledgment of receipt. This act is equivalent to a command to pay. If the check is not settled within 15 days, the bailiff issues an enforceable title. This has the same value as a judgment and authorizes the beneficiary to initiate all means of forced collection (such as seizures) to recover his claim.

NSF check issued by a merchant

When the holder of the NSF check for an amount greater than 10,000 F is a merchant or a craftsman, the bank systematically reports the payment incident to the clerk of the commercial court.

Turnover

All revenue earned by a business

Unsecured

When several creditors have to share the proceeds of the sale of the goods having belonged to their common debtor and that this sum is not of a sufficient amount to pay them all, a so-called "distribution" procedure is opened which has take place on the initiative of the Chief Registrar of the jurisdiction. Creditors who have a privilege or security, for example, the Treasury for the payment of unpaid taxes or employees for their wages and salary benefits or even the lessor for rents and who are called "privileged creditors they are reimbursed before the others, and in the order fixed by law.

As for the others, those to whom the law does not confer a privilege, they are called “unsecured” creditors. If, after payment of the privileged debts, there remains a balance, they are paid "at the marc-le-franc", which means that they receive a "dividend" which is calculated by taking the ratio between the amount of the debt of each of them and the overall amount of the sum remaining to be distributed.

Clause

Provisions of a contract

Jurisdiction clause

Provision by which the parties to a contract decide to submit any disputes to a court of their choice.

Compromise clause

Provision by which the contracting parties decide to submit their possible disputes to an Arbitral Tribunal. By this Clause the parties to the contract specify whether they want the arbitrator* to judge in law or in equity.

Non-competition clause

Clause by which one of the parties undertakes not to exercise for a certain period, and in a determined geographical area, a professional activity likely to compete with that of the other party to the contract. The non-competition clause must imperatively be limited in the time, in space and be proportionate. If it is stipulated in an employment contract, there must also be provision for financial compensation and the clause must be essential for the protection of the legitimate interests of the company (Cass. Soc. May 31, 2006; n°00-45). These are cumulative conditions. Otherwise, the clause is void.

Exorbitant common law clause

Clause by which the parties have decided to derogate from common law. This type of clause is perfectly valid, however the parties cannot derogate from so-called public policy provisions*.

Leonine clause

Reference to the LAFONTAINE fable and the Lion's share. It is defined as the clause by which an exorbitant advantage is granted compared to the other contracting parties. This type of clause can be canceled if the injured party requests it.

Penalty clause

In most contracts, a penalty clause is frequently inserted to settle in advance any breaches of the respective obligations of the parties. Such a clause provides, in fact, that the debtor will pay damages fixed in advance, in the event of delay or non-performance of his obligations, regardless of the damage suffered by the creditor. The clause has two objectives: on the one on the other hand, to encourage the debtor to perform his obligation, on the other hand, to repair the damage suffered as a result of the non-performance. But, to be truly effective, a penalty clause must fulfill a certain number of conditions: the determination of the damages it aims to cover, those which have not been foreseen cannot be covered in this way; - likewise, the conditions for the implementation of the penalty must be specified, as well as the terms of payment.- it is necessary to define whether the clause allows, in addition to the payment of the penalty, to continue the execution of the obligation;- a penalty fixed too high incurs a risk of revision under the control of the judge, in accordance to the power conferred on him article 1152 of the Civil Code. However, case law shows that judges, by reducing the amount of the penalty, take care to preserve its character as a sanction; - finally, a penalty set too low can become an advantage for the debtor who will have an interest in paying the penalty rather than to perform its obligation. In this case, the clause takes on the effect of a limit of liability which will remain lawful in the absence of fraud or gross negligence on the part of the debtor. However, although the judge can, here too, modify the amount of the clause, it seems that in computer matters he avoids doing so. The penalty clause must therefore be the subject of meticulous drafting, all the more its effect continues even after termination of the contract.

Customer base

Set of people placing their trust in a natural or legal person and with whom they have a business relationship. The clientele is the essential element of the goodwill.

co-debtor

Person who is bound with another to respect one or more obligations. (For example: the payment of a claim).

co-fiducers

Name given to several people who stand surety for the same debtor for the same debt, regardless of the joint nature or name of the suretyship.

Filling of liabilities (action in)

Action opened against the manager of a company in receivership or judicial liquidation when it appears that the situation in which the company finds itself is the result of a management fault by this manager. The purpose of this action is to make the manager de jure or de facto bear all or part of the debts of the company. He will thus answer with his personal assets.

Commandment

A "command" is a bailiff's act by which this ministerial officer who has been charged by the winning party at trial with the execution of a legal decision that has become enforceable, summons the debtor to comply, failing which , he will carry out this execution, if necessary with the assistance of the public force

Amicable Appeal Board

In the contentious procedure organized by the Social Security Code to settle disputes arising from the application of the Social Security Code, this Code has established an Amicable Appeals Commission which is constituted within the Council of administration of a social organization to examine the complaints formulated against the decisions taken by the services of this organization. Its consultation is mandatory prior to the institution of a contentious procedure before the Social Security Affairs Tribunal.

Individual over-indebtedness commission

Commission, established in each department, responsible for examining requests from individuals who are unable to repay their (non-professional) debts. It is seeking an agreement with creditors to arrange repayments or reduce debts. It is chaired by the prefect (or his representative), the secretariat is provided by the representative of the Banque de France

Compensation

It is the total or partial extinction of two reciprocal obligations between the same persons.

Conciliation

Amicable way of settling disputes. The parties decide to find an amicable agreement to settle their conflict rather than going to court

Conciliation (procedure)

New procedure introduced by the Law of July 26, 2005 "Safeguard Law" allowing a natural person or a legal person experiencing "a legal, economic or financial difficulty, proven or foreseeable" or a state of cessation of payments for less than 45 days to seize the competent Court so that a conciliator is appointed. Only the debtor can initiate the referral to the Court for the purpose of opening the procedure. Moreover, it is excluded for farmers. The latter will have the task of finding agreements, payment terms and/or debt relief with the debtor's main contractors and thus helping him to overcome these difficulties. The amicable agreement is either simply recorded by the judge, in which case the procedure retains its secret nature. It may be approved by the competent Court, in which case it will have the same value as a judgment, but will lose its confidential nature.

Findings

To conclude in everyday language is to end a presentation or reasoning that is summarized in a few sentences or even in a few words. In this sense we can speak of the conclusion of an expert report to designate the final part.

In civil procedure, before a High Court, the lawyers for the parties or before the Court of Appeal, their attorneys, are required to submit to the judge a document which contains the presentation of the pleas of fact or law on which they base claims and defenses of their clients. This document is called “conclusions”: the word designates both the container and the content.

Confusion

Situation in which the qualities of creditor and debtor are combined in the same person and which leads to the extinction of the obligation (example: when the creditor inherits from his debtor or vice versa.)

Competition (entry)

In the language of civil procedure, “competition” is the situation in which several creditors find themselves who have seized property (movable object, goods, buildings, sums of money) belonging to their common debtor.

If one or the other avails himself of a right of preference, a procedure known as the "procedure of order" is instituted by which, in the event of dispute, the judge determines the rank of the payments which is fixed by law in depending on the quality of each claim (privilege, security, pledge, mortgage, etc.) and for creditors who have equal rights, a distribution is made.

If the sums seized or the proceeds from the sale of the seized goods which have been the subject of an auction are insufficient to cover the total amount of the debts, payment is made “au marc le franc”.

Consent

Agreements of wills in order to create legal effects. This is one of the conditions of validity of a contract. All parties to a contract must give their consent. The latter must be enlightened and free of defects*.

Conservatory (measure)

A precautionary measure is a provision by which, pending a final decision, a judge referred to by the creditor, decides to place the debtor's property in the hands of the courts in order to ensure the effectiveness of the enforcement measures which will be taken once the time limits for appeal have passed or the appeals have been exhausted.

If the creditor has a title, even if he has a judgment subject to opposition or appeal, he can have a precautionary measure applied without having to seek an order from the enforcement judge, or from the President of the Court. of commerce if the claim is of a commercial nature. When a precautionary measure has been taken, the creditor must, within the month following the execution of the measure, on pain of lapse, initiate proceedings or complete the formalities necessary to obtain an enforceable title.

These measures are very varied in nature, such as sequestration, consignment of sums of money, appointment of an administrator, precautionary seizure, seizure of sums of money or movable objects held by a third party, for example in the hands of a bank or a tenant. Only the garnishment of remuneration cannot be the subject of a precautionary measure.

Litigation

The word “litigation” is an adjective taken from administrative language, characterizing a procedure intended to have a dispute between a user of a public service and the State judged. In civil procedure, the word designates any procedure intended to have a court judge the admissibility and merits of the claims opposing one or more persons to one or more others. The opposite of “litigious matter” is “gracious matter”. The new Code of Civil Procedure enacts “rules specific to non-contentious matters” (art. 25 et seq.).

Some companies have specialized one of their services so that the personnel attached thereto advise the Management to find a solution to the legal questions posed to them by the internal or external relations with which the company has to deal. This department draws up draft contracts, reminds debtors, monitors complaints from customers and suppliers and the proceedings that the latter may have brought against them or that the company has initiated. These services often take the name of “Service du Litigation”.

The word is sometimes used substantively by the media to express the existence of a disagreement: we say: “to have a dispute with a bank”.

Contract

The legislator has defined the contract as the agreement by which one or more persons undertake, towards one or more others, to give, to do or not to do something.

Court of Appeal

The Courts of Appeal are the courts of the second degree which hear, by way of appeal, requests for the partial reversal or invalidation of the judgments rendered by the courts of the first degree (Tribunals of first instance, Courts of instance, commercial courts, industrial tribunals, joint courts for rural leases, social security courts).

Court of Cassation

The Court of Cassation is a single jurisdiction at national level. It sits in Paris. It is responsible for verifying the compliance with the Law, of the jurisdictional decisions rendered in the last resort by the Courts sitting in France and in the Overseas Territories. It is not a third level of jurisdiction because the Court of Cassation does not know the fact, it has jurisdiction only to assess the legality of the judgments rendered in the last resort or the judgments of the Courts of Appeal. The Court of Cassation not knowing the facts of the case, but only the means of law, it therefore does not have "full jurisdiction". It rejects as inadmissible the “appeals” which would be mixed in fact and in law.

Debt

The word “claim” designates a right held by a person called the “creditor” against another person called the “debtor” or the “debtor person” who owes him the provision of a service. The same service may concern several creditors or several debtors or both at the same time. The debtor is the obligor of the creditor. The object of the debt consists of an obligation, either to give, or to do or even to abstain from doing. rightly or wrongly, to be a right on the thing.

To achieve the recovery of his benefit, the creditor benefits from conventional protections and legal protections, in particular when the debt has a maintenance character (see the word “maintenance”).

On the other hand, the debtor can also be the object of protection, as is the case of someone who is in a situation of over-indebtedness.

In commercial matters, receivership has been instituted to guarantee jobs, to attempt to safeguard the company and, failing the recovery of the company, to seek in its liquidation the best means of protecting the interest of creditors.

bad debt

The irrecoverability of a debt results from the final nature of its loss due to the debtor, but it can also arise from prescription. In specific cases, the loss of the debt may result from the disappearance of the debtor, the negative result of the proceedings initiated, the outcome of the litigation or simply the follow-up by the company when it comes to small invoices not justifying the cost of a procedure. The finding of irrecoverability entails, in accounting terms, its admission as a loss for its amount excluding taxes.

Payment in payment

"Granting in payment" is a legal transaction by which, in payment of all or part of the amount of his debt, a debtor transfers ownership of an asset or a set of assets to him.

Debtor

A person who owes someone something. He is the debtor of an obligation.

Forfeiture

The "forfeiture" of a right is the fact of no longer being able to obtain its recognition in court.

Statement of claim

The declaration of claims is equivalent to a legal claim. It is a procedural act that allows the creditors of the company in difficulty to make known their claims and their right to participate in any distributions. All of the declarations of receivables make it possible to assess the amount of the company's liabilities on the date of the opening judgment.

Payment period

The law on new economic regulations reforms payment terms and leads companies to review the wording of their invoices and their general conditions of sale.

Costs

The word “costs” designates the sums which are finally due by the party against whom a civil judgment has been entered.

fraud

We denominate fraud, the set of deceptive acts having led to the consent that one of the parties to a contract would not have given otherwise.

Damages and interests

Financial compensation intended to repair the damage suffered by a person as a result of the actions of another person

Endorsement

The endorsement is the means by which the holder of a debt materialized by a promissory note, transmits the provision to his own creditor.

Company

It is defined as the "organization for the production of goods or services of a commercial nature

Execution (Way)

A "means of execution" is a legal procedure by which are implemented the appropriate means to obtain from the condemned party, the benefits pronounced by a judgment or by an arbitral award that have become enforceable.

Executive

Taken as an adjective, "Executory", qualifies any act that any public officer and particularly the Bailiffs, may be required by the person who is the beneficiary, for an enforcement procedure to be initiated.

Exequatur

The "exequatur" is a procedure allowing the execution of either an arbitration award or a foreign court decision.

Due

When the creditor is perfectly entitled to claim payment either because its term has expired or because it is not accompanied by any payment deadline.

Invoice

The invoice is the document drawn up by the supplier to indicate to the customer the details of the price to be paid. The invoice is mandatory between merchants. It is not if the sale is made to an individual. The invoice is drawn up in duplicate, the original is sent to the customer, and the supplier keeps the duplicate.

Bankruptcy

State of a merchant in cessation of payment. bankruptcy _ _ _

personal bankruptcy

Personal bankruptcy consists of the prohibition, pronounced by a court, to directly or indirectly direct, manage, administer or control any business.

Central file of unpaid checks (FCC)

File held by the Banque de France and listing all persons subject to a ban on issuing cheques, whether this ban is banking or legal, as well as persons who have misused their bank card.

File of bank accounts (FICOBA)

File managed by the tax administration and listing all the accounts opened in credit institutions, the Post Office and the public treasury.

Effects payment incidents file

File held by the Banque de France and listing all payment incidents concerning instruments other than cheques.

National file of incidents of repayment of credits to individuals (FICP)

This file held by the Banque de France lists all the information on payment incidents related to non-professional loans. Registration in the file is maintained until the incidents are regularized and, failing that, for 5 years.

Commercial property

The goodwill is made up of a set of elements contributing to constitute an economic unit whose object is of a commercial nature including tangible elements, such as material, goods and equipment, and intangible elements, such as the clientele, the right to the lease and the commercial name. The goodwill is a Tangible (Furniture -) "furniture" in the legal sense of the term.

Foreclosure

"Foreclosure" is the civil penalty which, due to the expiry of the time limit legally granted to him to assert his rights in court, extinguishes the action available to a person to have him recognized

Form or enforceability

By the "Formule executaire" the Republic orders public officials and bailiffs who are required to comply with the request made to them by the beneficiary of an act on which it has been brought.

Principal costs and accessories to be recovered

Penalty clause: amount of damages to be paid in the event of non-performance of the contract. Amount that must be indicated in the creditor's General Terms and Conditions of Sale. Legal interest Conventional interest indicated in the creditor's General Terms and Conditions of Sale or contractual clause. Protest or bank charges, Receipt charges or stamp duty

Irrecoverable charges

These are legal costs which are not included in the costs, the Lawyer's fees, and which are the responsibility of each of the parties to the trial. The winning party cannot in principle be reimbursed by the losing party, but the judge may decide to order the loser to pay him compensation.

Big

The "gross" is the name given to the copy of a court decision or a notarial deed containing the enforcement formula

Bailiff

A bailiff is a ministerial officer holding a public office. Its mission is to draft judicial or extrajudicial documents, to serve summonses to appear and then, after the closing of the procedure, to serve the judgment or judgment as soon as it has been rendered.

Mortgage

It is a security constituted on an immovable property which is assigned to the payment of a debt. It confers on the creditor a right of preference and a right of continuation allowing him to pursue the sale in whatever hand that the good is

Outstanding payment

Sometimes the customer (debtor) does not pay what he owes to the supplier (creditor). Several reasons can explain this non-payment: obvious bad faith, internal financial difficulties, the birth of a dispute, etc.

Obligation to pay

Simplified procedure for pursuing the recovery of small civil or commercial claims by obtaining from the magistrate or the President of the commercial court the issuance of an injunction to pay which, in the absence of opposition, becomes enforceable.

Insolvent

This is an “insolvent” person who can no longer meet the payment of his debts.

conventional interest

It is the one provided by the parties in the contract, however, its rate cannot be higher than the rate of wear

Legal interest

It is intended to repair damage resulting from the delay taken by the debtor to settle his debt, it is the interest on arrears, the rate of which is fixed by law each year.

Judgement

“Judgment” means any decision rendered by a court of first instance, which orders payment, to do or not to do, or which takes an investigation or execution measure.

Amicable liquidation

The liquidation phase of a company occurs after its dissolution.

The rules governing the liquidation are either statutory (that is to say provided for by the statutes of the company) or legal.

The first thing is to appoint a liquidator who will have the role of:

• sell assets to collect receivables and pay debts
• summon the partners to inform them of the situation
• prepare the liquidation accounts.

Sometimes, liquidation monitors are appointed in addition.

The closing of the liquidation is followed by the sharing between the partners of any liquidation surplus.

Then, the liquidation accounts are filed with the registry of the Commercial Court so that the company is struck off the trade and companies register. It thus loses its moral personality.

The notice of closure of the liquidation must be published in a journal of legal notices in order to be brought to the attention of third parties.

Cash (debt or receivable)

A debt is liquid when it can be quantified in its amount.

Tenant

A person who rents accommodation or land.

Mandate

It is a contract by which a person (the principal) entrusts another person (the agent) to represent him or to act on his behalf. It is an obligation to establish a mandate between the creditor and his service provider in the area of ​​debt collection.

Legal representative

The legal representative intervenes when all the solutions to save the company have failed. He is then appointed by the court to proceed with the liquidation. Its intervention is at two levels. On the one hand, he represents the creditors when a company is in receivership; he ensures that the solutions adopted by the director take their interests into account; he invites them to declare their claims and draws up a statement of liabilities

bad faith

Many provisions retain the notion of the debtor's bad faith. Bad faith is not presumed, it is up to the creditor to establish that the debtor can be considered in bad faith given his attitude. Thus, case law admits that the debtor who maintains complete silence after sending a formal notice perfectly characterizes his bad faith.

Formal notice

If after several reminders or amicable settlement proposals your client still does not pay the invoice due, send him formal notice by registered mail with acknowledgment of receipt, giving him a final deadline before taking legal action.

In the cycle of a debt recovery procedure, the Formal Notice comes after the amicable follow-up phases, written and telephone.

Pledge

The pledge is conventional security. The pledging of a movable thing is called a “pledge”. Pledge is therefore the general name given to securities relating to movable property.

The word "pledge" is generally used to designate sureties relating to goodwill.

Notification

It is a formality by which a person is officially kept informed of the content of an act to which he was not a party, or by which he is given notice, or by which he is summoned to appear before a court, or finally, by which he is made aware of the content of a court decision. The notification of a court decision causes the time limits for appeal to run.

The "service" is a form of notification, it is made by a bailiff.

Novation

It is a novelty when:

• the debtor contracts a new debt towards his creditor which is substituted for the old one, which is extinguished;
• a new debtor is substituted for the old one who is discharged by the creditor;
• a new commitment, a new creditor is substituted for the old one, towards which the debtor is discharged.

In the context of the second hypothesis, novation can only take place if the creditor has expressly declared that he intends to discharge his debtor who has made the delegation.

Nullity

It is a sanction pronounced by the Court against an act, contract, a clause, when he or she is vitiated by a defect of form or a substantive irregularity. Still it is necessary that the person victim of these defects or irregularity seeks nullity before the competent court.

Obligation

It is a commitment of the parties to do or not to do something in order to obtain in return the object of his commitment. The obligation of result obliges the debtor to achieve a determined result.

enforceable

An act is opposable when it produces effects with regard to third parties.

Opposition

Opposition is a remedy for the debtor against certain orders. A debtor sentenced by an order for payment has one month to file an opposition to the order from the date of service.

Arrangement

The order is a decision made by a judge. The ordinance is the name given to certain judicial, non-contentious or contentious decisions

Payment

The payment has the effect of extinguishing the debt. It can validly be made directly to the creditor or to his agent.

Paris Litigation SA

For more than 10 years, Paris Contentieux SA, which specializes in debt management, has been offering its clients, regardless of their location and size, personalized treatment adapted to their collection needs: Pre-litigation, Outsourcing of customer follow-upAmicable collection and Judicial recovery Search for addresses and solvency of individuals Commercial information Reactivation and Redemption of debtsTraining

Late penalties

The law does not impose late payment penalties, but it is advisable to provide for them to encourage customers to respect the scheduled payment deadlines and compensate for the bank cost of late payment. Late payment penalties must be mentioned in the general conditions of sale and their rate must be mentioned on the invoice. They are due the day after the payment date indicated on the invoice. If no rate appears in the contract or in the general conditions of sale, the common law rate that applies is the "interest rate applied by the European Central Bank to its most recent refinancing operation, increased by seven points of percentage ".

Expiration

It consists of allowing the effects of an act to be destroyed or destroyed, due to inaction or non-use during a time fixed by law or by the parties, without any impact on the law which justifies it.

Suspicious period

In his judgment opening reorganization or judicial liquidation proceedings, the President of the Court sets the date of cessation of payments by the company.

Appeal

The act by which a party seizes the Court of Cassation of an appeal directed against a court decision rendered in the last resort by a court of first instance or by a Court of Appeal is called an “appeal”.

Prescription

It is the means of acquiring or freeing oneself within a certain period of time, under conditions determined by law.

Major

It consists of the initial amount of the debt, materialized by invoices, drafts, acknowledgment of debts, unpaid checks, contracts, minus the installments paid or debt forgiveness granted.

Quasi-Contract

Lawful and voluntary fact from which arise obligations subject to a regime similar to that of contracts

Quasi-misdemeanor

Wrongful act committed by imprudence or negligence, but without intent to harm and which has caused damage to another person.

Receipt

It is a written certificate given to the debtor in order to justify the payment. It is made by the creditor or his agent

Radiation

"Striking out" is a measure of judicial administration that can be taken by the magistrate presiding over a hearing when the parties do not appear or have not been represented, or when, although they present themselves at the hearing the magistrate notes that in spite of the injunction which he made to them to carry out a formality which he had prescribed to them, the parts neglected to carry out the procedural diligences which fall to them. Disbarment does not end the trial.

RCS

Trade and Companies Register

Recovery

Debt collection is a regulated activity consisting in using all legal, amicable and/or judicial means to obtain from a debtor the payment of the debt owed to the creditor.

The company generally begins the collection of its unpaid bills itself.

It often decides to rely on specialized companies after having carried out its first reminders itself.

Collection companies, such as Paris Contentieux SA, will provide it with services such as: Written reminders, telephone reminders, home visits, amicable collection, judicial collection.

Amicable recovery of Paris Contentieux SA

The amicable recovery comes in the logical continuation of the commercial revival.

All phases of amicable processing (letters, telephone reminders and home visits) are carried out regardless of the nature, amount and geographical location of the file to be processed. Processing of files upon receipt:

Analysis of the debtor's financial and legal situation to adapt actions in line with your corporate culture.

Detection of homonyms, standardization of addresses, telephone enrichment and qualification, processing of "Parties Without Leaving an Address".

Production launch (mail scenarios & outgoing call campaigns). Legal monitoring of each debtor with an RCS registration.

Sending of mandate letter to debtors. Outgoing call campaigns before new mail reminder.

Home visits for potential files.

Judicial recovery of Paris Contentieux SA

In the event of failure of amicable procedures, we offer our clients the possibility of judicial recovery for cases motivating potential. Our action:

• Advice on the type of action to be taken
• Follow-up of the good progress
• Execution management

Our Judicial Recovery promotes constant attempts at amicable conciliation, throughout the course of the procedure. Our judicial recovery is the guarantee of real responsiveness through our network of judicial correspondents, in France and around the world. whole, specially selected

Legal redress)

“Judicial reorganization” is a collective procedure by which a company is no longer able to meet its due debts. It is said to be in “cessation of payments”.

Referral

The "referred procedure" or "referred procedure" is an oral and simplified procedure attributed in principle, to the competence of the President of the court seized who rules "with a single judge". He can order provisional measures, mainly the deposit of disputed sums, an expert opinion or the payment of a provision.

Rules

In terms of debt collection, settlement is synonymous with payment.

Amicable reminder after expiry

Amicable follow-up is the first step in debt collection when the invoice payment deadline has passed.

No delay on the part of your client should be neglected, a delay of a few days may be the effect of an oversight, hence the amicable follow-up first, but it may also mark the first signs of weaknesses in the part of your debtor. The reminder can be written and/or telephone.

Recovery is usually gradual.

Reminder before due date

This makes it possible to,  Bring in the drafts quickly if you discount the drafts of your customers (10 days before the minimum due date are necessary for the discount), avoid late payments, avoid unpaid bills, deal with any disputes quickly: it will give a good brand image to your company

Reference

In procedural matters, when the case is not able to be pleaded, the judge can issue an order for the referral of the case to a later hearing.

Undue repetition

Reimbursement by someone who has received a sum of money from a person or organization when it was not due to him. There is also an action for recovery of the undue, when the person unduly paid does not return the sum of itself

Query

Act by which a person, called a petitioner, makes one or more legal claims in a procedure that will be non-adversarial.

Termination

Non-retroactive cancellation of an act or contract. We also talk about dissolution. In other words, only the future effects are destroyed, but not the past ones. Not to be confused with resolution*.

Resolution

Retroactive cancellation of an act or contract. In the context of a resolution, the act is deemed never to have existed, since all its effects, both future and past, are annihilated. Sanction often requested when in a synallagmatic contract one of the parties has not respected its obligations, in this case the other seeks the judicial resolution of the contract and the restitution of the thing.

Liability (action in)

When a person has committed damage causing harm to others, the latter may incur contractual, tort or quasi-tort liability depending on the context in which they find themselves. Liability is incurred if the victim of the damage demonstrates a fault, a negligence or recklessness, damage and a causal link between this fault and the damage. The objective of this action being compensation for the damage in kind or via the award of damages.

Seizure

Seizure is, depending on the case, a precautionary measure or a means of execution. This is done when a creditor causes property belonging to his debtor to be apprehended.

The enforceable seizure is a procedure that can only be executed by a bailiff at the request of the creditor, provided with an enforceable title (example: court decision) on the property of his debtor.

There are several types of entries:

• Seizure-attribution. It allows the creditor to be immediately allocated the sums of money due to his debtor, corresponding to the amount of his claim.
• Entry of remuneration. It allows the creditor to deduct part of the wages paid to his debtor.
• Seizure-sale. It allows the creditor to seize the movable property of the debtor and to be reimbursed on the sale price.

Precautionary seizure

Precautionary seizure can only be carried out by a bailiff.

Precautionary seizure allows you to make the materials, goods or debts that your debtor holds unavailable. They still remain his property but he can no longer sell them. Seizure has the advantage of preserving the interests of the creditor while awaiting a court decision. It can also constitute a means of pressure to obtain an amicable settlement.

Meaning

This designates in terms of Procedure, the Notification that one makes, the knowledge that one gives of a judgment, of a judgment, of an act, by judicial and legal means, by ministry of bailiff. The notification of a decree, a judgment, a writ, a request, etc. Have a process served by a bailiff. Meaning of confessed to confessed.

This is the notification made by a bailiff. It makes it possible to bring certain acts to the attention of the parties or third parties.

Balance

In debt collection, the balance means the sum of money remaining due to the creditor by the debtor.

The court of first instance

This is the common law jurisdiction of the first degree, it rules on personal and movable civil matters whose right of claim exceeds 10,000 euros. Generally, the Tribunal de Grande Instance sits in collegiate formation, with professional magistrates.

The Commercial Court

Commercial Courts are courts of the first degree composed of elected judges. They rule on disputes between merchants in the context of their professional relations.

District Court

Jurisdiction of exception, the District Court has jurisdiction in principle since the law of January 26, 2005, in personal and movable civil matters up to 10,000 euros, but also indefinite claims which originate from the execution of an obligation the amount of which does not exceed 10,000 euros. It manages, among other things, the seizure of remuneration and rules on injunctions to pay and injunctions to do whose value is greater than 4000 euros. The president can order measures in referred.

Verification of debts

The "verification of claims" is the phase of the judicial reorganization procedure and the judicial liquidation procedure during which the documents filed by each of the creditors are examined to justify the veracity and the quality debts for the payment of which each of them claims the right to contribute with the others to the distribution of the sums resulting from the liquidation of the assets belonging to their debtor.

Way of execution

A "means of execution" is a legal procedure by which are implemented the appropriate means to obtain from the condemned party, the services pronounced by a judgment or by an arbitral award that have become enforceable.