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
B: Difficulties encountered
C: Proportionality requirement
II: Definitive penalty payment
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
85. Assessment of the debtor's conduct
1 minute de lecture
Article L. 131-4, para. 1, of the Code of Civil Enforcement Procedures provides that “the amount of the provisional penalty payment is determined taking into account the conduct of the person to whom the injunction was addressed.” The court has the power to reduce the amount of the penalty payment, or even to eliminate it, if the debtor provides justifications for their non-compliance that exclude …
