The debtor of a compensatory allowance in the form of an annuity may, at any time, apply to the judge for the substitution of a capital sum for all or part of the annuity. The substitution is made in accordance with procedures laid down by decree in the Conseil d’Etat.
The creditor of the compensatory allowance may make the same application if he establishes that a change in the debtor’s situation allows this substitution, in particular at the time of the liquidation of the matrimonial property regime.
The enforcement procedures provided for in articles 274, 275 and 275-1 are applicable. The judge’s refusal to substitute a capital sum for all or part of the annuity must be specially justified.