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 2: Finding of non-performance of principal obligation
Section 3: Burden of proof
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
77. Personal nature of the penalty payment
1 minute de lecture
The penalty payment constitutes a coercive measure of a strictly personal nature . It follows from this principle that the imposition of a penalty payment does not give rise to a right of recourse for indemnity and that a person cannot be ordered to indemnify another person for the penalty imposed on the latter . Consequently, a person cannot be jointly and severally liable, both in their persona …
