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

Pursuant to Article L. 111-3, 1° of the Code of Civil Enforcement Procedures, only agreements to which the courts of the judicial or administrative order have conferred enforceability constitute writs of execution. There are several types of agreements approved by the court: settlement, mediation, conciliation, and participatory procedure, which constitute alternative dispute resolution methods. T …

Transaction, mediation, conciliation, or participatory procedure

Pursuant to Article L. 111-3, 1° of the Code of Civil Enforcement Procedures, only agreements to which the courts of the judicial or administrative order have conferred enforceability constitute writs of execution. There are several types of agreements approved by the court: settlement, mediation, conciliation, and participatory procedure, which constitute alternative dispute resolution methods. These procedures allow the parties to reach an amicable agreement without having to engage in lengthy and costly judicial proceedings.

A settlement is a contract by which the parties, through mutual concessions, end an existing dispute or prevent a future one. Drafted in writing , the settlement precludes the initiation or continuation of legal action between the parties on the same subject matter . The validity of a settlement can be contested before the enforcement judge . The judge may refuse to render a settlement enforceable if it was not properly formed, if one of the suspensive conditions stipulated by the parties has not been met , or if it has become void . This decision is subject to appeal by filing a notice with the registry of the Court of Appeal. When the settlement is approved, it becomes an enforceable order. The court order approving the settlement and granting it enforceability does not constitute an order on ex parte application subject to appeal .

Conciliation is a procedure during which a neutral third party, the conciliator, assists the parties in reaching an amicable agreement. The conciliator does not have the power to decide the dispute but can propose solutions to help the parties reach a compromise. In the event of conciliation, even partial, a record of agreement signed by the parties and the judicial conciliator is drawn up. The conciliation is also recorded in a report signed by the conciliator. Drafting a report is required when conciliation results in the waiver of a right. A copy of the report is given to each interested party. The judicial conciliator promptly files a copy with the court registry of the Judicial Court . The application for approval of the agreement resulting from the conciliation is submitted to the judge on application .

During mediation, the mediator is responsible for assisting the parties in finding an amicable solution to the dispute. Unlike the conciliator, the mediator can propose concrete solutions to resolve the conflict. The terms of the final agreement are freely negotiated between the parties, who may accept or reject the mediator's proposals. The judge rules on an application presented to them without a hearing. They examine whether the mediation is affected by defects in consent and contrary to public policy. If the application is granted, any interested party may refer to the judge who rendered the decision. The decision refusing to approve the agreement may be appealed. This appeal is filed by declaration at the court registry of the Court of Appeal .

The participatory procedure is an agreement by which the parties to a dispute commit to work jointly and in good faith towards the amicable resolution of their dispute or the preparation of their case . Unlike mediation and conciliation, no neutral third party is appointed to assist the parties. However, the participatory procedure requires the mandatory assistance of the parties by a lawyer . The limitation period is suspended from the conclusion of a participatory procedure agreement and resumes from the end of the agreement, for a period that cannot be less than six months.

Cass. 2e civ., 28 September 2017, LawLex202200010363JBJ.

Cass. 1re civ., 10 September 2014, LawLex202300001203JBJ.

Cass. 1re civ., 3 October 2018, LawLex202300001206JBJ

Cass. 2e civ., 1 September 2016, LawLex202300001202JBJ.

5. Civil Enforcement Procedures

24. Transaction, mediation, conciliation, or participatory procedure

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24. Transaction, mediation, conciliation, or participatory procedure

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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