Section IV: Injunction to do.

Enforcement in kind of an obligation arising from a contract concluded between persons who are not all merchants may be requested from the protection litigation judge or the judicial court in the matters referred to in Article 817.

The claim shall be brought, at the option of the claimant, either before the court of the place where the defendant resides or before the court of the place where the obligation is performed.

The application shall be made by petition lodged or addressed to the registry by the beneficiary of the obligation or by the persons mentioned in’article 764. In addition to the information prescribed by Article 57, the application shall contain: 1° A precise indication of the nature of the obligation whose performance is sought and the basis on which it is based; 2° Where applicable, the damages that will be claimed…

If, on the basis of the documents produced, the judge considers the application to be well-founded, he shall make an order granting an injunction to do which may not be appealed. He shall determine the subject matter of the obligation and the period and conditions within which it must be performed. The order shall also state the place, day and time of the hearing at which the matter will be…

The clerk’s office shall notify the parties of the order by registered letter with acknowledgement of receipt. The notification letter mentions the provisions of articles 1425-7 and 1425-8.

The order granting the injunction and the application shall be kept as minutes at the court registry, which shall provisionally keep the documents produced in support of the application.

When the injunction to act has been complied with within the time limit, the claimant informs the court registry. The case is removed from the roll. Failing such notification and if the claimant fails to appear at the hearing without a legitimate reason, the court declares the injonction de faire proceedings to have lapsed. The declaration of lapsing may be revoked if the claimant notifies the registry within a period…

The court, in the event of total or partial non-fulfilment of the injunction to do which it has issued, shall rule on the claim, after attempting to reconcile the parties. It hears, within the limits of its jurisdiction, the initial claim and all incidental claims and defences on the merits. In the event of a decision that it does not have jurisdiction, the case shall be referred to the competent…

If the judge rejects the application, the decision is final for the applicant, unless he or she wishes to proceed under the ordinary law. The application and the documents produced shall be returned to the applicant.