The French Code of Commerce and Most Usual Commercial Laws; With a Theoretical and Practical Commentary, and a Compendium of the Judicial Organisation and of the Course of Procedure Before the Tribunals of Commerce Together with the Text of the Law, the Most R (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER III. OF CONSERVATORY AND COERCIVE MEASURES TO OBTAIN PAYMENT OF DEBTS. 1.?CONSERVATORY MEASURES. The conservatory measures which the creditor can take differ according to the nature of the documents upon which his claim is based. 1st. It may happen that he does not possess any formal admission, signed by the debtor, of his claim, which therefore can only appear from invoices, correspondence, or parol evidence. 2nd. The claim may be based upon an agreement executed between the parties themselves, without the intervention of a notary. Such a document is called in French " Sons Being price" from "seiuy," an old word signifying signature. It differs from notarial documents, which are called public documents, because such are executed in the presence of two notaries, or of one notary and two witnesses. 3rd. The claim can appear from an executory notarial deed, or from a final judgment. A notarial deed is a contract voluntarily signed by the parties before two notaries, or before one notary and two witnesses. Such a deed has the same effect as a judgment. The creditor can sue Ids debtor, and issue execution upon his property by virtue of such a deed; it is for this reason that a notarial deed is called an acts executoire, or acte publiqnc, or acte aut/ientiyue. The qualification of acte tedcutoire applies also to judgments. I. If a creditor only possess in relation to his claim, invoices or correspondence, and if he be aware of the existence of moneys owing to, or property or securities belonging to his debtor, in the possession of third parties, he can apply to the President of the Tribunal Civil for authority to attach such debts, property, or securities. He can also, but only in the event of his debtor not having a fixed domicile, or not residing in ...