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
Section 1: Personal nature of penalty order
Section 2: Finding of non-performance of principal obligation
Chapter 2: Procedural conditions
Chapter 3: Role and powers of the judge
Chapter 4: Effects of liquidation judgment
Part 3: Interim protective measures (mesures conservatoires)
Part 4: Enforcement measures
79. Proof
1 minute de lecture
The Court of Cassation distinguishes, regarding the burden of proof of non-performance, between penalties attached to an obligation to do or not to do. In fact, the burden of proof of the performance of an obligation to do, accompanied by a penalty, lies with the debtor of the obligation . Thus, a judicial liquidator, ordered under penalty to restore an industrial site and remove the polluting liq …
