Introduction

Existence of a claim

Issuance of enforcement order (writs of execution)

Existence of seizable assets or claims

Conditions of enforcement

Judicial authority

Other authorities

Competent authorities and persons

Operations

Difficulties in enforcement

Implementation of compulsory enforcement

General regime of enforcement procedures

Concept of penalty

Scope ratione personae

Material scope

Determination of penalty

Competence of judge

Powers of court

Effects of ruling ordering or rejecting penalty

Pronouncement of penalty

Substantive conditions

Procedural conditions

Role and powers of the judge

Effects of liquidation judgment

Liquidation of the penalty

Penalty

Conditions of implementation

Contesting the measures

Ordinary law on protective measures

Protective seizures

Judicial security interests (sûretés judiciaires)

Specific regimes

Interim protective measures (mesures conservatoires)

Seizure of claims for sums of money

Seizure of tangible movable property

Seizure of intangible rights

Enforcement measures on movable property

Real estate seizures

Evictions

Enforcement measures on real estate

Enforcement measures

5. Civil Enforcement Procedures

Article R. 131-4 of the Code of Civil Enforcement Procedures provides that “the court's decision is enforceable as of right by provision.” The text applies both to the liquidation of the provisional penalty and to that of the final penalty. Pursuant to that article, the first president of the court of appeal cannot, without exceeding their powers, accede to a request to suspend the provisional enforcement of the decision of the enforcement judge having liquidated the penalty .

Cass. 2e civ., 25 June 1997, LawLex202400002467JBJ.

Provisional enforcement

92. Provisional enforcement