Skip to Main content Skip to Navigation

Le créancier dans la procédure de saisie du logement

Abstract : Our legal system in France reveals a discrepancy between rights and obligations whereby the creditor is plunged into a much more critical situation as compared to the bad faith debtor. The magnitude of the economic crisis that has lasted for more than a decade has causes a climate of considerable uncertainty. The failure to comply with the obligation of execution of contracts proves to be one of the main consequences, particularly the violation of the debtor’s duty to the creditor. Therefore regulations, in which lawmakers condemn the failure to meet contracts in order to secure a balance between parties, have become the main issue. However, despite a drastic and positive evolution in our legal system it appears when following the situatio more carefully that the debtor was in fact granted with numerous privileges. In fact, in our current legal system and economic situation the creditor’s position shows signs of weakening. This is an issue of concern. Investments are thus moving abroad, benefiting other European member states and resulting in a dip in our own national economy. As this is an eestablished fact, it is necessary to consider the various main obstacles in the legal framework, which the creditor has to overcome. One example is the case of a debtor’s family property seizure. The term « obstacles »refers to the contraint satisfaction process, before and during the seizure procedure, preventing the creditor from recovering her/his outstanding debt. As a matter of fact, the lasting unfavorable economic situation supposes to consider solutions in order to better balance forces, including changes in the legal framework.
Document type :
Complete list of metadatas

Cited literature [574 references]  Display  Hide  Download
Contributor : Abes Star :  Contact
Submitted on : Monday, January 7, 2019 - 3:54:07 PM
Last modification on : Wednesday, October 9, 2019 - 10:26:33 AM
Long-term archiving on: : Monday, April 8, 2019 - 4:51:45 PM


Version validated by the jury (STAR)


  • HAL Id : tel-01972264, version 1



Caroline Randoulet-Philippot. Le créancier dans la procédure de saisie du logement. Droit. Université de Toulon, 2017. Français. ⟨NNT : 2017TOUL0118⟩. ⟨tel-01972264⟩



Record views


Files downloads