Exequatur in France of
judgments rendered in China
Issues and definition
Judgments rendered in China are not automatically enforceable in France and require an exequatur procedure. This allows them to be given effect in France in order to initiate measures on the debtor’s assets.
The goal is to transform a Chinese decision into an enforceable title allowing for effective recovery on French territory.
Conditions and procedures
Recognition relies notably on the Franco-Chinese agreement of May 4, 1987, governing judicial cooperation between the two States. The judgment must be final, rendered by a competent jurisdiction, respect the rights of the defense, and conform to French international public policy.
The exequatur procedure is initiated before the judicial court (tribunal judiciaire) and requires the production of the judgment, its certified translation, and a complete legal analysis.
Areas of expertise
Chinese decisions concern commercial, industrial, financial, or international litigation involving assets located in France, such as bank accounts, real estate, equity interests, or receivables.
These assets may be held via complex structures requiring in-depth analysis to allow for their mobilization.
Client support
The firm assists its clients from the recognition of the Chinese judgment to its effective enforcement in France, integrating the necessary protective measures and seizures.
Each case is subject to a global strategy combining identification of assets, anticipation of challenges, and effective implementation of enforcement measures.
Frequently Asked Questions
IS A CHINESE JUDGMENT ENFORCEABLE IN FRANCE?
No, an exequatur procedure is necessary.
IS THERE AN AGREEMENT BETWEEN FRANCE AND CHINA?
Yes, the judicial assistance agreement of May 4, 1987.
CAN ASSETS BE SEIZED IN FRANCE?
Yes, as a protective measure or after recognition of the decision.
IS THE PROCEDURE COMPLEX?
It requires specific legal analysis.
IS A LAWYER REQUIRED?
In practice, these procedures involve the intervention of a lawyer before French courts, both to obtain the exequatur and for enforcement litigation.
They also imply a strategic approach, beyond just the procedural dimension.
Do you wish to have a Chinese judgment recognized and enforced in France?
The firm assists you in defining and implementing an adapted strategy.