Section 2: Termination of the breach

When the judge appoints a third party for the purpose of implementing measures intended to put an end to the breach, the judge shall rule by means of a specially reasoned decision setting out the terms of the assignment entrusted to the third party and the time limit within which the third party is to report back to the judge. The third party is chosen from any professional with proven…

As soon as the decision designating a third party has been handed down, the court registry shall notify the third party of a copy by any means. The third party shall inform the judge of his acceptance without delay. He shall commence his operations as soon as he is notified of the payment of the advance referred to in Article 849-5, unless the judge instructs him to commence his operations…

The cost of the assignment shall be borne by the party responsible for the breach. The judge who appoints the third party shall set the amount of an advance on the third party’s remuneration as close as possible to his foreseeable final remuneration and shall determine the period within which the person responsible for the breach shall deposit it with the court secretariat. The judge may, if necessary, adjust the…

At the end of the period set by the judge, the third party shall submit his report, together with his request for remuneration, a copy of which he shall send to the parties by any means enabling receipt to be established. Where applicable, the party responsible for the breach shall send the third party and the judge its written comments on this request within fifteen days of receipt.

The court clerk shall invite the person responsible for the breach to deposit the advance with the court clerk’s office within the time limit and in the manner specified.

If the third party encounters difficulties that prevent him from carrying out his task, or if it proves necessary to extend his mandate, he shall report the matter to the parties and to the judge. The judge may decide to extend the time limit within which the third party must submit his report. The third party’s report must be submitted to the court by the end of the month in…

The third party may be authorised by the judge to deduct an advance from the sum deposited if the complexity of the case so requires, on proof of the progress of his operations. In the event of a manifest shortfall in the advance payment allocated, in the light of the steps taken or to be taken, the third party shall report this without delay to the judge, who shall, if…

Once the period allowed for the person responsible for the breach to submit his observations has expired, the judge sets the third party’s remuneration on the basis, in particular, of the care taken, the time allowed and the quality of the work provided. The judge authorises the third party to have the sums deposited in the court registry returned to him in due proportion. It authorises the third party to…