Section II: Optional provisional enforcement

Where the law provides that provisional enforcement is optional, it may be ordered, of its own motion or at the request of a party, whenever the judge considers it necessary and compatible with the nature of the case. It may be ordered for all or part of the decision.

Provisional enforcement may only be ordered by the decision which it is intended to render enforceable, subject to the provisions of Articles 517-2 and 517-3.

Provisional enforcement may be subject to the provision of a guarantee, real or personal, sufficient to meet any restitution or reparation.

Where provisional enforcement has been ordered, it may be stopped, in the event of an appeal, only by the first president and in the following cases: 1° If it is prohibited by law; 2° Where there are serious grounds for setting aside or reforming the decision and enforcement is likely to entail manifestly excessive consequences; in the latter case, the first president may also take the measures provided for in…

Where provisional execution has been refused, it may be requested, in the event of an appeal, only from the first president or, once he has been seised, from the magistrate responsible for the preparation of the case and provided that there is urgency.

Where provisional execution has not been requested, or if, having been requested, the judge has omitted to rule, it may be requested, in the event of an appeal, only from the first president or, as soon as he is seised, from the magistrate responsible for the preparation of the case.

When a case is referred to it pursuant to articles 517-1,517-2 and 517-3, the First President shall give an interim ruling, in a decision that is not subject to appeal.