Section 2 : Affixing of the executory clause by the court registry

Where the agreement reached by the parties to a mediation, conciliation or participatory procedure takes the form of a deed countersigned by the lawyers of each of the parties, this deed may, at the request of a party, be given the formule exécutoire. The application shall be made in writing, in duplicate, to the registry of the court of the applicant’s domicile that has material jurisdiction to hear the dispute…

Where the agreement relates to the arrangements for exercising parental authority, a note is made in the deed that the minor capable of discernment has been advised of his or her right to be heard and, where applicable, that he or she has not wished to make use of this option. Failing this, the court clerk will reject the application.

The deed countersigned by lawyers and bearing the executory formula, or the decision of refusal by the registrar, shall be delivered or sent to the applicant by simple letter. The duplicate of the application together with the copy of the deed and, where applicable, the decision of refusal by the registrar shall be kept at the registry.

Any interested person may lodge an application for the removal of the formule exécutoire with the court whose registry has affixed that formula. The application shall be lodged, investigated and judged in accordance with the rules of the accelerated procedure on the merits.

The provisions of this section shall apply to the transaction.