Any judge may, even of his own motion, order an astreinte to ensure that his decision is enforced. The enforcement judge may attach an astreinte to a decision made by another judge if the circumstances make this necessary.
The astreinte is independent of the damages. The astreinte may be provisional or definitive. An astreinte is considered provisional unless the judge has specified that it is definitive. A definitive astreinte may only be ordered after a provisional astreinte has been imposed and for a period to be determined by the judge. If one of these conditions has not been met, the astreinte is liquidated as a provisional astreinte.
The astreinte, even if final, is liquidated by the enforcement judge, unless the judge who ordered it remains seized of the case or has expressly reserved the power to do so.
The amount of the provisional astreinte is calculated taking into account the behaviour of the person to whom the injunction has been addressed and the difficulties he has encountered in complying with it. The rate of the definitive astreinte may never be modified when it is liquidated. The provisional or definitive astreinte is cancelled in whole or in part if it is established that the failure to comply or the…
No enforcement measure may be carried out on a Sunday or public holiday unless authorised by the judge in case of necessity. No enforcement measure may be commenced before six o’clock in the morning or after twenty-one o’clock at night unless authorised by the judge in case of necessity and only in places that are not used as a dwelling.
The act of seizure renders the goods that are the subject of the seizure unavailable. If the seizure relates to tangible assets, the seized debtor or the third party holder in whose hands the seizure has been made is deemed to be the custodian of the seized objects, subject to the penalties provided for inarticle 314-6 of the French Penal Code. If the seizure relates to a debt, it interrupts…
Any person who, in connection with a measure to ensure the enforcement or preservation of a claim, relies on a document shall be obliged to communicate it or give a copy of it, except where it has been notified previously.
In the absence of the occupant of the premises or if the occupant refuses access to the premises, the enforcement agent may only enter the premises in the presence of the mayor of the municipality, a municipal councillor or a municipal official delegated by the mayor for this purpose, a police or gendarmerie authority required to be present during the operations or, failing this, two witnesses of full age who…
Where the bailiff has entered the premises in the absence of the debtor or any other person present, he shall ensure that the door or exit through which he entered is closed.
On expiry of a period of eight days from the date of a summons to pay served by a bailiff and which has remained without effect, the bailiff may, on presentation of proof of the writ of execution, enter a dwelling and, if necessary, have the doors and furniture opened.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
