Introduction

Existence of a claim

Issuance of enforcement order (writs of execution)

Existence of seizable assets or claims

Conditions of enforcement

Judicial authority

Other authorities

Competent authorities and persons

Operations

Difficulties in enforcement

Implementation of compulsory enforcement

General regime of enforcement procedures

Concept of penalty

Scope ratione personae

Material scope

Determination of penalty

Competence of judge

Powers of court

Effects of ruling ordering or rejecting penalty

Pronouncement of penalty

Substantive conditions

Procedural conditions

Role and powers of the judge

Effects of liquidation judgment

Liquidation of the penalty

Penalty

Conditions of implementation

Contesting the measures

Ordinary law on protective measures

Protective seizures

Judicial security interests (sûretés judiciaires)

Specific regimes

Interim protective measures (mesures conservatoires)

Seizure of claims for sums of money

Seizure of tangible movable property

Seizure of intangible rights

Enforcement measures on movable property

Real estate seizures

Evictions

Enforcement measures on real estate

Enforcement measures

5. Civil Enforcement Procedures

In the context of enforcement, the judicial commissioner may encounter a number of difficulties to which the Code of Civil Enforcement Procedures provides only partial or inadequate solutions. The debtor can oppose the measures taken by using the various exceptions available under the law, such as offsetting reciprocal claims, the expirty of the writ of execution, or contesting the interest stated  increasing the amount of the claim. Unfortunately, the debtor may also resort to force. To address these difficulties, the legislator allows the judicial commissioner to refer the matter to the enforcement judge. However, the commissioner's powers are relatively limited in this context, which explains the infrequent use of this procedure.

Obstacles encountered by the judicial commissioner

62. Obstacles encountered by the judicial commissioner