Boat seizure
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 l'Arsenal (Paris), 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 the numerous mooring points for pleasure boats and barge mooring rings (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:
La saisie de bateau : le cas des « petits » bateaux :
Au regard des articles L. 4111-1 et L. 4123-1 du code des transports il s’avère que la saisie des bateaux de navigation intérieure dont tonnage est inférieur à vingt tonnes et ceux dont le déplacement est inférieur à dix mètres cubes est effectuée en application des règles du droit commun, comme tout meuble corporel ordinaire.
The seizure of a boat: The case of larger boats:
The seizure of any vessel whose tonnage is 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. For smaller vessels, the rules of ordinary law are applicable, both as regards seizure for sale and seizure for precautionary purposes.
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 seizure operations can then begin, and we draw up a Procès-Verbal de Saisie Exécution, which perfectly meets the legal requirements, in particular those of article R4123-4 of the transport code.
We also carry out all the concomitant formalities, such as denunciations to the port services, the appointment of a guardian, etc.
Within the short period of three days, our firm also takes care of the denunciation to the debtor, with summons, even if he is abroad, thanks to our specialised department for Enforcement Abroad.
Within the same time limit, we proceed with all the denunciations and in particular the transcription at the Commercial Court Registry, 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 judgement 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 carry out the auction.
Indeed, we carry out ourselves the auctions everywhere in France, in accordance with article 3 of the ordinance 45-2592 of 1945.
