Injunction to do
The injunction to do: how to position it among other similar procedures?
By Raphaël MORENONThe 29 March 2025In the French legal arsenal, the injonction de faire remains little known to non-lawyers. Yet this simplified procedure can force a co-contractor to perform when he is reluctant to fulfil his obligations. But how can it be distinguished from other similar procedures? When should it be used rather than an injonction de payer, a référé or other alternatives? Injonction de faire vs injonction de payer Structural points in common The two procedures share a similar architecture, as Professor Laher points out: they combine a non-adversarial phase followed by an adversarial phase (art. 1425-1 et seq. of the Code of Civil Procedure). This structure creates what legal scholars call a "reversal of litigation" - the judge orders first, then the parties debate if necessary. Both procedures are designed to speed up the resolution of simple disputes. They make it possible to obtain a decision quickly without having to go through a longer conventional procedure. Fundamental differences The essential difference lies in the purpose of the...
The injunction to do: a legal procedure to obtain performance of an obligation
Injonction de faire, Civil procedureWhen you are faced with a contractor who refuses to fulfil an obligation to do something (deliver a good, carry out work, provide a service), the injunction to do something procedure offers an alternative to the traditional channels. This procedure, which is less well known than its cousin the injunction to pay, nevertheless deserves the attention of all creditors...The "injonction de faire": effectiveness, practice and advice
Injonction de faire, Civil procedureIs a customer refusing to complete the work you paid for? A seller fails to deliver the item ordered? An injunction could be the solution. Created in the 1980s to facilitate the performance of contractual obligations, this procedure remains little known. Yet it offers a rapid alternative to...Injunction to do: conditions of application
Injonction de faire, Civil procedureHas your supplier failed to deliver the furniture you promised? Has a craftsman abandoned your work? French law offers an effective procedure for forcing them to perform without a conventional court case: the injonction de faire. This procedure makes it possible to quickly enjoin a debtor to fulfil his obligation. However, it is important to comply with...Understanding restraining orders: definition and legal framework
Injonction de faire, Civil procedureStuck with a service provider who doesn't deliver the promised service? A craftsman who delays carrying out work paid for in advance? The injonction de faire is a little-known but potentially effective legal weapon. Definition of an injunction to compel performance An injunction to compel performance is a specific legal procedure used to obtain the performance of a...
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