5. Civil Enforcement Procedures
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: General regime of enforcement procedures
Title 1: Determination of penalty
Title 2: Pronouncement of penalty
Chapter 1: Substantive conditions
Chapter 2: Procedural conditions
Chapter 3: Role and powers of the judge
Section 2: Provisional enforcement
Part 3: Interim protective measures (mesures conservatoires)
Part 4: Enforcement measures
91. Authority of res judicata
1 minute de lecture
Unlike the judgment itself, the decision to enforce the penalty payment is vested with the authority of res judicata. Consequently, when the interim relief judge has already proceeded with its enforcement, a new application cannot be presented before the trial court on the grounds that the beneficiaries of the penalty payment wish to obtain a decision that is not provisional . Similarly, it is pro …
