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Civil procedure

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Stopping and adjusting provisional enforcement: protecting the debtor

Since 1 January 2020, all first instance judgments are enforceable immediately, even if you appeal. Your adversary can therefore initiate a seizure before the court of appeal has given its ruling, which can put the convicted debtor in a critical situation. There are mechanisms for halting or adjusting this provisional enforcement, subject to strict conditions.

Provisional enforcement

The two faces of provisional enforcement: de jure and optional

Your opponent has just lodged an appeal, but the enforcement of the decision cannot wait. Since 2020, provisional enforcement has been the principle, suspended enforcement the exception. Understanding the distinction between automatic and optional provisional enforcement will determine your strategy from the moment the judgment is handed down.

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