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
Section 1: Obligations
I: Provisional penalty
III: Total or partial removal
Section 3: Limits
Chapter 4: Effects of liquidation judgment
Part 3: Interim protective measures (mesures conservatoires)
Part 4: Enforcement measures
88. Definitive penalty
1 minute de lecture
Unlike the provisional penalty, the final penalty is not subject to variation. Article L. 131-4, para. 2, of the Code of Civil Enforcement Procedures indeed provides that the rate of the final penalty can never be modified during its liquidation . At this stage, the court no longer has any discretion, and the amount of the penalty must correspond to that established by the initial judge or calcula …