Subject to the following paragraphs, the period of grace may only be granted by the decision whose enforcement it is intended to defer. In urgent cases, the same power lies with the interim relief judge. After service of a summons or act of seizure or from the hearing provided for by the article R. 3252-17 of the French Labour Code, as appropriate, the enforcement judge has jurisdiction to grant a…
The time limit runs from the day of the judgment when it is adversarial; in other cases it runs only from the day of notification of the judgment.
The period of grace may not be granted to a debtor whose property is seized by other creditors or to a debtor who has, by his own act, diminished the guarantees which he had given by contract to his creditor. In these same cases, the debtor loses the benefit of the period of grace which he would previously have obtained. .
The grace period does not preclude precautionary measures.
Decisions at first instance are provisionally enforceable by operation of law unless the law or the decision rendered provides otherwise.
The judge may set aside provisional enforcement in whole or in part if he considers that it is incompatible with the nature of the case. The court may rule on its own initiative or at the request of a party, in a specially reasoned decision. By way of exception, the judge may not set aside provisional execution by operation of law when he rules in summary proceedings, prescribes provisional measures…
Without prejudice to the provisions of Article 514-3, provisional enforcement by operation of law may only be set aside by the decision in question.
In the event of an appeal, the matter may be referred to the first president in order to halt the provisional enforcement of the decision where there is a serious plea for annulment or reversal and enforcement is likely to entail manifestly excessive consequences. An application by a party who appeared at first instance without commenting on provisional enforcement is admissible only if, in addition to the existence of a…
Where provisional enforcement by operation of law has been set aside in whole or in part, its reinstatement may be requested, in the event of an appeal, only from the first president or, as soon as he is seised, from the magistrate in charge of the preparation of the case and provided that there is urgency, that such reinstatement is compatible with the nature of the case and that it…
The rejection of an application to set aside or halt provisional enforcement by operation of law and the reinstatement of provisional enforcement by operation of law may be made subject, at the request of a party or of its own motion, to the provision of security, real or personal, sufficient to meet any restitution or reparation.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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