Abstract
Analysis of the decision of the First Civil Chamber of the Court of Cassation handed down on 30 April 2025 (no. 23-14.643). Articles 809-3, 810-4 and 810-5 of the Civil Code, which apply when an estate is vacant, do not prohibit creditors, who are required to declare their claims to the curator, from applying to the court to obtain a writ of execution, the enforcement of which will be deferred until the draft settlement of liabilities has been drawn up. Otherwise, creditors whose claims cannot be paid immediately by the curator run the risk of seeing their claims become time-barred, as the opening of the vacancy has no suspensive effect on the time-bar. The département must therefore issue a writ of execution before the expiry of the time limit to guarantee its claim.