Section III: Common provisions

The nature, extent and terms of the guarantee provided for in articles 514-5 and 517 are specified by the decision which prescribes their constitution.

Where the guarantee consists of a sum of money, this is deposited with the Caisse des dépôts et consignations; it may also be deposited, at the request of one of the parties, with a third party appointed for this purpose. In the latter case, if the request is granted, the judge shall specify the terms of the deposit in his decision. In the latter case, if the court grants the…

If the value of the guarantee cannot be immediately assessed, the judge shall invite the parties to appear before him on a date that he fixes, with their justifications. The decision is then made without appeal. The decision is recorded on the minutes and copies of the judgment.

The party ordered to pay sums other than maintenance, compensation or provisions may prevent provisional enforcement from being continued by depositing, with the judge’s authorisation, cash or securities sufficient to guarantee the principal, interest and costs of the judgment. In the event of an order for the payment of a lump sum in compensation for personal injury, the judge may also order that this lump sum be placed in the…

The judge may, at any time, authorise an equivalent guarantee to be substituted for the initial guarantee.

Claims relating to the application of articles 514-5,517 and 518 to 522 may only be brought, in the event of an appeal, before the First President ruling in summary proceedings or, in the cases provided for in articles 514-4, 517-2 or 517-3, before the magistrate responsible for the preparation of the case for trial once it has been referred to him.

Where provisional execution is de jure or has been ordered, the First President or, as soon as the matter has been referred to him, the Conseiller de la Mise en Condition may, in the event of an appeal, decide, at the request of the respondent and after hearing the submissions of the parties, the removal of the case from the roll where the appellant does not prove that he has…