Civil & Commercial Litigation
Appeal of a judgment
An appeal allows the re-examination of a judgment. Concerned decision, deadline, and proof of notification: points to identify before an appeal.
Lexicon
Litigation & Advisory
Provisional Enforcement
Provisional enforcement allows, under the conditions provided by law or the decision, to enforce a judgment without waiting for the outcome of certain appeals. It requires distinguishing the possibility of contesting the decision and that of deferring its execution.
Carefully read the part of the judgment that orders the measures and verify the necessary modalities for their implementation. Do not assume that a filed appeal automatically blocks all creditor actions. Conversely, a request for immediate payment must be compared to the title actually obtained and its scope.
The useful mention is found in the operative part of the judgment, which states what the judge decides. It must be read with the conditions of notification and execution. The mere fact that an appeal is still possible does not indicate whether the creditor can already act.
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