Our firm specialises, via its enforcement division, in seizures that are out of the ordinary: in addition to seizures of intangible rights, such as seizures of trademarks, seizures of taxi licences or IV licences, we manage, prepare and organise on behalf of our clients and correspondents seizures of aircraft or helicopters (so-called aircraft seizures) but also seizures of ships and boats, anywhere in France thanks to our network of colleagues.
Our location, close to the ports of Gennevilliers, the Van Gogh port of Asnières sur Seine and the Sysley port of Villeneuve la Garenne, or the port of Conflans Sainte Honorine, but also to the numerous mooring points for pleasure boats and mooring rings of barges (Neuilly sur Seine, Levallois Perret, Boulogne Billancourt, Issy les Moulineaux for example...) as well as the shipyards allows us to act quickly for the seizure of boats.
Our network of colleagues also assists us in the seizure of boats all over France.
What's a boat?
Article L. 4000-3 of the transport code specifies, since the 2010 reform, that a vessel is "any floating construction intended mainly for inland navigation".
Inland waters consist, on the one hand, of "rivers, estuaries and canals, upstream of the first obstacle to vessel navigation, fixed for each river in application of article L. 5000-1 of the same code, as well as, on the other hand, of "lakes and bodies of water" (C. transp., art. L. 4000-1). Before the 2010 Ordinance clarified these terms, it was already accepted that boats were vessels navigating on inland waters, i.e. rivers, canals and lakes.
Is a floating crane or an elevator a boat?
Article 1 of the Geneva Convention of 25 January 1965 on the Registration of Inland Navigation Vessels considers hydrofoil boats, ferries, dredgers, cranes and other elevators and "all floating appliances or equipment of a similar nature" to be assimilated to vessels.
Two different procedures depending on the tonnage of the vessels:
To enter a vessel, you need to know its tonnage and cubage. Indeed, the procedure is not the same according to these elements:
Seizure of vessels: the case of "small" vessels :
With regard to articles L. 4111-1 and L. 4123-1 of the Transport Code, it appears that the seizure of inland waterway vessels with a tonnage of less than 20 tonnes and those with a displacement of less than 10 cubic metres is carried out in application of the rules of ordinary law, as is the case with any ordinary tangible movable item.
Boat seizure: The case of larger boats :
The seizure of a vessel with a tonnage equal to or greater than 20 tonnes and of any vessel whose displacement is equal to or greater than 10 cubic metres must be carried out in accordance with the special procedure for the seizure of vessels.
We will only consider here the case of the seizure of vessels with a tonnage of 20 tonnes or more. In the case of smaller vessels, the rules of ordinary law shall apply, both as regards seizure for sale and preventive seizure.
The seizure execution of vessel weighing more than 20 tons and whose displacement is greater than 10 cubic meters:
Precautionary seizure will be discussed in another article. With regard to seizure execution of a vessel, i.e. seizure carried out by virtue of an enforceable title, it is a special seizure, meeting special criteria and special texts, since the law considers them (just like aircraft: see our article) to be quasi-immovable property.and moreover, certain provisions relating to the seizure of immovable property apply to the seizure of vessels over 20 tons, notably through case law.
The conditions to carry out a seizure-execution of boat :
Quality of the Enforcement Order :
In contrast to the seizure of a vessel, in order to carry out a seizure for execution, it is necessary to have a validly served writ of execution.
Foreign enforceable titles may, under the condition of being enforceable in France, serve as a basis for enforcement on the debtor's vessel. This is particularly useful for cross-border commuters. See our article on the European Enforcement Order.
The pre-command to the seizure:
Before proceeding with the seizure, a command must be served on the debtor.
Article R. 4123-3 of the Transport Code states that "Seizure may not be carried out until twenty-four hours after the summons to pay served on the distrainee. »,
However, it seems to us that this time limit opens up the possibility for the debtor to have his boat disappear, particularly on border waterways: in the event of a seizure on the Rhine, or on Lake Geneva, for example, our study systematically advises to proceed first with a protective seizure, which prevents the boat from leaving the port.
The seizure of a vessel and its consequences: an extremely fast procedure :
The data entry operations can then begin, and we draw up a Record of Entry-Execution Report, which perfectly meets the requirements of the legal requirements, in particular those provided for in Article R4123-4 of the Transport Code.
We also carry out all the concomitant formalitiesThe Commission is also responsible for other matters, such as denunciations to the port services, the appointment of a caretaker, etc.
Within the short period of three days, our study will also take care of the denunciation to the debtor, with summonseven if it is located abroad, thanks to our specialised division for Execution Abroad.
We proceed within the same time limit to all the denunciations and in particular the transcription at the clerk's office of the Commercial Court, and the denunciation to the registered creditors (within three days of the lifting of the statements).
The forced sale of the boat:
The enforcement judge gives a judgment fixing both the price of the boat and the conditions of its sale (Transport Code, art. R. 4123-8), and we take care of the publicity in accordance with article R. 4123-10 of the same code. The sale takes place in court but the enforcement judge may appoint our firm to proceed with the sale. at auction.
Indeed, we carry out the vThe following are auctioned all over Francein accordance with article 3 of Ordinance No. 45-2592 of 1945.