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

The liquidation of the penalty payment involves noting the debtor's continued failure to fulfill the principal obligation. Unless the debtor has encountered particular difficulties , the mere observation of the delay in fulfilling the obligation within the set time justifies the liquidation of the penalty payment , even if the debtor ultimately complies at the time the court rules on it  or before …

Non-performance of the obligation

The liquidation of the penalty payment involves noting the debtor's continued failure to fulfill the principal obligation. Unless the debtor has encountered particular difficulties , the mere observation of the delay in fulfilling the obligation within the set time justifies the liquidation of the penalty payment , even if the debtor ultimately complies at the time the court rules on it  or before any request to that effect .

Conversely, when the decision prescribing the restoration measures has been executed, there is no need to liquidate the penalty payment imposed . Despite the personal nature of the penalty payment, the identity of the executor is irrelevant. The Court of Cassation indeed considers that it follows from the combination of Articles L. 131-1 and L. 131-4 of the Code of Civil Enforcement Procedures that, as soon as the obligation accompanied by a penalty payment has been executed, even by a third party, the penalty payment can no longer be subject to liquidation for the period of time following this execution, unless the creditor justifies a legitimate interest in having it executed by the debtor himself .

Cass. 2e civ., 25 May 2011, LawLex202400002595JBJ.

Cass. 2e civ., 8 December 2005, LawLex202400002593JBJ, which quashes the appeal judgment that upheld the ruling rejecting an application for the liquidation of the penalty payment, on the grounds that ultimately, despite some delay, the injunction issued by the court had been fully executed, so there was no longer any need for the liquidation of the penalty payment.

Cass. 2e civ., 8 December 2005, LawLex202400002695JBJ: in this case, the real estate developer informed the purchasers of the delivery date of their apartment only after the service of the decision ordering the penalty payment and after the expiration of the period granted to disclose this date to them.

Cass. 2e civ., 9 November 2006, LawLex202400003848JBJ.

Cass. 2e civ., 9 July 1997, LawLex202400002522JBJ.

Cass. 2e civ., 10 December 2020, LawLex202400002521JBJ: in this case, although the landlord, who had been ordered, under penalty, to engage a design office to develop a renovation project for the leased building, had approached this office but had not signed the fee proposal established by it, the building's condominium manager had contracted with the same office based on the same estimate, so that the obligation with the penalty had been fulfilled, without it appearing from the facts that the tenants had alleged a legitimate interest in having the obligation performed by the landlord himself.

5. Civil Enforcement Procedures

78. Non-performance of the obligation

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

78. Non-performance of the obligation

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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