Conservatory measures allow the rights of creditors to be protected in a preventive manner.
This is the reason why they can be implemented before obtaining a judicial decision and therefore, without waiting for the creditor to be in possession of an enforceable title.
They are of a temporary nature and make it possible to make the debtor's assets unavailable for the sole purpose of preventing him from selling them in an occult manner and / or organizing his insolvency, before the creditor has had time to collect his debt. .
The advantage of conservatory measures lies in the speed and the effect of surprise aroused by a recalcitrant debtor.
It suffices that the debt is simply founded in principle (it does not have to be liquid or payable!) And that there are serious threats to its recovery.
If such fears are justified, the creditor must apply to the execution judge to be authorized to practice a protective measure without prior order.
The debtor will not be able to assign or sell the encumbered assets, but only for a short period.
It will be up to the creditor to take advantage of this period of time to obtain a judgment on the merits which will form the basis of his enforceable title.
There are two kinds of precautionary measures, precautionary seizure and judicial security, the procedures and effects of which obey very distinct procedural rules.
Conservatory foreclosures
