Chapter II: Disputes

Even where prior authorisation is not required, the court may release the protective measure if it appears that the conditions prescribed by article L. 511-1 have not been met. At the request of the debtor, the court may replace the protective measure initially taken with any other measure that safeguards the interests of the parties. The provision of an irrevocable bank guarantee in accordance with the measure requested in the…

The costs incurred by a protective measure are borne by the debtor, unless the court decides otherwise. If the court orders the debt to be released, the creditor may be ordered to pay compensation for the damage caused by the protective measure.