Chapter I: The creditor and the writ of execution

With the exception of proportional recovery or collection fees, which may be partially charged to creditors under conditions laid down by decree of the Conseil d’Etat, the costs of enforcement are to be borne by the debtor, unless it is clear that they were not necessary at the time they were incurred. Disputes are settled by the judge. The costs of collection undertaken without an enforceable title shall be borne…

Unless otherwise provided, the exercise of an enforcement measure and a precautionary measure is deemed to be an act of administration.

Subject to the provisions of Article L. 311-4, enforcement may be pursued to its conclusion by virtue of a provisional writ of execution. Enforcement is pursued at the creditor’s risk. The creditor restores the debtor’s rights in kind or by equivalent if the writ of execution is subsequently amended.

Unless otherwise provided, an appeal in cassation in civil matters does not prevent the execution of the contested decision. Such enforcement may only give rise to restitution; it may in no case be imputed to fault.