Article L. 511-1 of the Code of Civil Enforcement Procedures provides that: “Any person whose claim appears to be founded in principle may request from the judge the authorization to practice a protective measure on the assets of his debtor, without prior order, if it justifies circumstances likely to threaten recovery. The protective measure takes the form of a protective seizure or judicial security ”.
When the debtor holds shares in a real estate company, it is therefore possible to request authorization to take a pledge on the shares.
On the other hand, it does not seem possible to take a registration of provisional judicial mortgage on real estate belonging to the real estate company which is not a debtor, even if one of its partners is the debtor… and yet.
The facts of the case are as follows: a professional civil society notarial considers that it is a creditor of one of its partners.
The latter owns shares in three real estate companies, themselves owners of three real estate properties.
Against the one that it considers to be their debtor, the notarial SCP obtained from the execution judge of a high court of Montbéliard the authorization to carry out protective seizures on the shares held by the latter in the SCP and in several real estate companies as well as on the bank accounts opened by him with several …
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