5. Civil Enforcement Procedures
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: General regime of enforcement procedures
Chapter 1: Concept of penalty
Chapter 2: Scope ratione personae
Title 2: Pronouncement of penalty
Title 3: Liquidation of the penalty
Part 3: Interim protective measures (mesures conservatoires)
Part 4: Enforcement measures
71. Obligations included
1 minute de lecture
The penalty payment accompanying a judgment of condemnation can have an incentive purpose when its objective is to compel the debtor to fulfill an obligation to to perform an obligation to do or provide something. Conversely, it is deemed dissuasive when the aim is to ensure compliance with an obligation to refrain from doing something.
The obligation to do or to provide something, the performan …