Article R121-16 of the French Code of civil enforcement procedures
The enforcement judge may reserve the right to verify the enforcement of his decision and, to this end, prescribe the necessary measures.
The enforcement judge may reserve the right to verify the enforcement of his decision and, to this end, prescribe the necessary measures.
If necessary, the judge may declare the decision enforceable on the basis of the minutes alone.
A decision to release enforcement or precautionary measures shall, within the limits of its purpose, entail the suspension of proceedings as soon as it has been pronounced and the removal of any effect of unavailability as soon as it has been notified.
Unless otherwise provided, the decision of the enforcement judge may be appealed, unless it is a judicial administration measure.
The time limit for appeal is fifteen days from notification of the decision. The appeal is lodged, investigated and judged in accordance with the rules applicable to the procedure provided for in article 905 of the Code of Civil Procedure or to the procedure for a fixed date.
The time limit for appeal and the appeal itself have no suspensive effect.
In the event of an appeal, an application may be made to the First President of the Court of Appeal for a stay of execution of decisions taken by the enforcement judge. The application is made by means of a summary proceedings summons delivered to the opposing party and notified, where applicable, to the third party in whose hands the seizure has been carried out. The application for a stay…
The enforcement judge shall rule by order on a petition in the cases specified by law or when circumstances require that an urgent measure not be taken in adversarial proceedings. The application shall be delivered or sent to the registry by the applicant or by his agent appointed in accordance with the provisions of articles L. 121-4 and L. 122-2. The decision to revoke an order on application does not…
In all cases where, in order to carry out the operation for which he is responsible, the judicial officer must obtain the judge’s authorisation, he is entitled to refer the matter to the judge by means of a petition.
A judicial officer who intends to refuse to lend his ministry or assistance pursuant to Article L. 122-1 may, if it considers it necessary, refer the matter to the enforcement judge beforehand.
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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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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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