mainlevée

Mainlevée is a legal term used in French law to describe the lifting or removal of a coercive measure or obstacle that restricts the use or disposition of property or rights. It most commonly refers to the release of a seizure, lien, or prohibition on a property after conditions such as payment, satisfaction of an obligation, or a court decision.

Etymology and scope: The word derives from main (hand) and levée (raising), conveying the idea of removing a restraint. Mainlevée applies in various legal contexts, notably in enforcement procedures where a bailiff’s attachment (saisie) or mortgage (hypothèque) is annulled. It can also concern the removal of an opposition or prohibition registered against a property or claim, allowing the owner to dispose of the asset or exercise a right again.

Procedural aspect: The mainlevée typically requires a formal request to the appropriate judicial or administrative authority, often accompanied by proof of payment, satisfaction of the obligation, or an order reversing the restraint. Once granted, the decision is registered to release the prior encumbrance and restore the owner’s rights. In some cases, the release may be conditional, subject to the fulfillment of specific obligations or the payment of fees.

Effects and examples: The mainlevée frees the encumbered asset from the seizure or lien, clears the obstacle to sale or transfer, and reinstates the owner’s legal capacity over the property. Common examples include mainlevée de saisie (lifting a seizure) and mainlevée d’hypothèque or autre garantie réelle (release of a mortgage or other security).

In practice, the mainlevée is a procedural instrument that restores normal property rights by removing an impediment created by enforcement actions or encumbrances.