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
A: Debtor's conduct
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
86. Difficulties
1 minute de lecture
In addition to the behavior of the person to whom the injunction was addressed, Article L. 131-4, para. 1, of the Code of Civil Enforcement Procedures provides that the amount of the provisional penalty must take into account the difficulties encountered in performing it. The judge responsible for the enforcement has sovereign power to assess the difficulties encountered by the debtor in performin …
