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

The ruling given by the enforcement judge sets out the conditions of enforcement. It is vested with the authority of res judicata from the moment it is handed down and is binding on the interim relief judge hearing the same applications , the Court of Appeal hearing an appplication on the validity of a payment order based on the debt that it has found to have been extinguished. , or on the judge h …

Notification and reasoning

The ruling given by the enforcement judge sets out the conditions of enforcement. It is vested with the authority of res judicata from the moment it is handed down and is binding on the interim relief judge hearing the same applications , the Court of Appeal hearing an appplication on the validity of a payment order based on the debt that it has found to have been extinguished. , or on the judge handling the property seizure .

The decision must be notified and reasoned to become enforceable and binding on the parties . It is notified to the parties themselves by the court registry via registered letter with acknowledgment of receipt. A copy of the decision is sent the same day by regular mail to the parties and the judicial commissioner. If the notification letter is returned to the registry because it could not be delivered to its recipient or to any person authorized to receive it, the clerk informs the parties, who proceed with service. The parties may always serve the decision. Each party may inform the registry that it waives the notification of the decision. In this case, the decision is deemed notified on the date of its pronouncement .

Cass. 2e civ., 9 November 2000, LawLex202300002684JBJ.

Cass. 1re civ., 20 January 2011, LawLex202300002700JBJ.

Cass, 2e civ., 22 March 2006, LawLex202300002685JBJ, holding that the court adjudicating on the real estate seizure is not entitled to reject an application for the postponement of the adjudication, while the debtors rely on an order from the enforcement judge pronouncing the suspension of enforcement proceedings, which, upon its pronouncement, has the authority of res judicata and is binding on said judge.

5. Civil Enforcement Procedures

44. Notification and reasoning

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

44. Notification and reasoning

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise