Application to register a judicial hypothec




A creditor whose claim appears threatened may, as a precautionary measure, apply to the courts for authorisation to register a provisional mortgage on the debtor’s property (L. No. 91-650, 9 July 1991). The enforcement judge or the president of the commercial court if the claim is commercial is seized by way of petition, in other words without prior command. The debtor is thus not warned so that he does not have time to hide his assets. A protective judicial hypothec may be requested for any claim, whether in contract, tort or quasi tort, regardless of whether it is secured or not. The registration of the provisional mortgage must take place within three months of the judge’s authorisation, failing which the benefit will be lost. However, the claimant must justify a claim which appears founded in principle as well as circumstances likely to threaten its recovery. The model that we propose to you gives you the elements to justify the combination of these two elements, pledge of the success of your request.


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