Obligation

The obligation is a measurement likely to ensure the execution of a Legal decision having condemned a part to do or not to do something. It consists in having to pay a certain amount of money in the event of delay by the part condemned in the execution of the judgment.

No one not being able to be constrained Manu militari to do or not to do something, it cannot be proceeded to the forced Exécution of such a decision, with its defending body. Nevertheless, there remains always the possibility of touching with finances of the condemned part, which would be recalcitrant.

The obligation is not thus of any utility when the judgment consists in having to pay an amount of money: ways of execution forced will then make it possible to mitigate the inexecution of the decision.

Obligation in French right

Mode of the civil matter obligation

The applicable texts are articles 33 to 37 of bearing reforms civil procedures of execution and articles 51 to 53 of instituting new rules relating to the civil procedures of execution.

Characters of the obligation

The obligation is independent of the damages.

It is provisional or final. It must be regarded as provisional, unless the judge did not specify his final character.

A final obligation can be ordered only after the delivery of a provisional obligation and for one duration that the judge determines.

The delivery of the obligation

Any judge can, even of office, to order an obligation to ensure the execution of his decision. Moreover, the judge of the execution can match of an obligation a decision returned by another judge if the circumstances reveal some the need.

The liquidation of the obligation

The obligation, even final, is liquidated by the judge of the execution, except if the judge who ordered it remains seized of the business or expressly reserved the capacity of it.

The amount of the provisional obligation is liquidated by taking account of the behavior of that to which it injunction was addressed and of the difficulties which it met to carry out it.

The rate of the final obligation can never be modified at the time of its liquidation.

The provisional or final obligation is removed in whole or part if it is established that the inexecution or the delay in the execution of the injunction of the judge comes, in whole or part, of a foreign cause.

The decision of the judge is executory full by provision.

The obligation takes fixe day bill fixed by the judge, which cannot be former to the day when the decision carrying obligation became executory.

However, it can take effect as of the day of its delivery if it matches a decision which is already executory.

The perception of the obligation

Before its liquidation, no obligation can give place to a measurement of distraint.

However, the decision which orders a not yet liquidated obligation makes it possible to take a conservative measure for a sum temporarily evaluated by the qualified judge for liquidation.

Mode of the administrative matter obligation

The applicable texts are the R921-1 articles in R921-7 of title II of the regulatory part of the Code of administrative justice.

See too

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