5. Civil Enforcement Procedures
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: General regime of enforcement procedures
Chapter 1: Concept of penalty
Section 1: Creditor
Chapter 3: Material scope
Title 2: Pronouncement of penalty
Title 3: Liquidation of the penalty
Part 3: Interim protective measures (mesures conservatoires)
Part 4: Enforcement measures
70. Debtor
1 minute de lecture
The penalty payment is primarily a coercive measure of a personal nature . Consequently, a party that has been ordered to jointly guarantee another party against judgments accompanied by a penalty payment pronounced against it is not obliged to guarantee the payment of the penalty itself . Similarly, the Court of Cassation considers that the penalty payment does not give rise to a right of recours …