Article 322 bis
…nd (5) above, or goods likely to belong to one of the categories of goods listed in these same provisions, and possibly the vehicles transporting them, on business premises or in any other place autho…
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Showing 11–20 of 19706 articles for “Art. SI 1963/1319 — France–UK estate-duty convention”
…nd (5) above, or goods likely to belong to one of the categories of goods listed in these same provisions, and possibly the vehicles transporting them, on business premises or in any other place autho…
…nte, account shall be taken of the difficulties encountered by the debtor in complying with the decision. The astreinte is not maintained when the occupier has established the existence of an extraneo…
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 a…
…cle L. 131-2, penalties set to force the occupier of premises to leave the premises are always provisional in nature and are reviewed and settled by the judge once the eviction order has been enforced…
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.
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 circumstance…
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 wit…
The judge's decision is enforceable by operation of law.
No astreinte may be enforced before it has been liquidated. The decision ordering an astreinte that has not yet been liquidated allows a precautionary measure to be taken in respect of a sum provision…
…e takes effect on the date set by the judge, which cannot be earlier than the date on which the decision imposing the obligation becomes enforceable. However, it may take effect from the day it is imp…
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