Article 514-2 of the French Code of civil procedure
November 8, 2023
Without prejudice to the provisions of Article 514-3, provisional enforcement by operation of law may only be set aside by the decision in question.
Without prejudice to the provisions of Article 514-3, provisional enforcement by operation of law may only be set aside by the decision in question.
In the event of an appeal, the matter may be referred to the first president in order to halt the provisional enforcement of the decision where there is a serious plea for annulment or reversal and enforcement is likely to entail manifestly excessive consequences. An application by a party who appeared at first instance without commenting on provisional enforcement is admissible only if, in addition to the existence of a…
Where provisional enforcement by operation of law has been set aside in whole or in part, its reinstatement may be requested, in the event of an appeal, only from the first president or, as soon as he is seised, from the magistrate in charge of the preparation of the case and provided that there is urgency, that such reinstatement is compatible with the nature of the case and that it…
The rejection of an application to set aside or halt provisional enforcement by operation of law and the reinstatement of provisional enforcement by operation of law may be made subject, at the request of a party or of its own motion, to the provision of security, real or personal, sufficient to meet any restitution or reparation.
When a case is referred to it pursuant to articles 514-3 and 514-4, the First President shall rule in summary proceedings, in a decision that is not subject to appeal.
Where the law provides that provisional enforcement is optional, it may be ordered, of its own motion or at the request of a party, whenever the judge considers it necessary and compatible with the nature of the case. It may be ordered for all or part of the decision.
Provisional enforcement may only be ordered by the decision which it is intended to render enforceable, subject to the provisions of Articles 517-2 and 517-3.
Provisional enforcement may be subject to the provision of a guarantee, real or personal, sufficient to meet any restitution or reparation.
Where provisional enforcement has been ordered, it may be stopped, in the event of an appeal, only by the first president and in the following cases: 1° If it is prohibited by law; 2° Where there are serious grounds for setting aside or reforming the decision and enforcement is likely to entail manifestly excessive consequences; in the latter case, the first president may also take the measures provided for in…
Where provisional execution has been refused, it may be requested, in the event of an appeal, only from the first president or, once he has been seised, from the magistrate responsible for the preparation of the case and provided that there is urgency.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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