On-call duty
Special astreinte regimes: expulsion, criminal and administrative matters
By Raphaël MORENON21 March 2025The astreinte is a fundamental legal tool for forcing a debtor to fulfil his obligations. However, its application varies from one area of law to another. Certain derogatory regimes significantly modify its operation, liquidation and effects. Let us examine the particularities of the astreinte in expulsion matters, in criminal law, in administrative law and in international disputes. 1. The astreinte in eviction matters: a protective regime A derogatory regime stemming from the law of 21 July 1949 Law no. 49-972 of 21 July 1949, now codified in articles L.421-1 and L.421-2 of the Code of Civil Enforcement Procedures, introduced a specific regime for astreintes in eviction matters. This regime considerably limits the effectiveness of astreintes compared with ordinary law. "Penalties set to force the occupier of premises to vacate the premises are always provisional in nature" (art. L.421-1 CPCE). This text is rooted in the historical context of the post-war housing crisis. But its...
Liquidating the astreinte: from pronouncement to payment
Astreinte, Law of guarantees, securities and enforcement measuresA court has ordered your debtor to comply with a penalty payment, but nothing has happened. What can you do about it? The astreinte is only a financial threat until it is liquidated. This decisive step transforms the astreinte into a payable debt. Conditions for liquidation Who can request liquidation? Only the beneficiary of the...Penalties: which courts can impose them and under what procedure?
Astreinte, Law of guarantees, securities and enforcement measuresThe astreinte is a formidable tool in the French legal arsenal. This indirect coercive measure is designed to encourage a debtor to fulfil his obligations under the threat of a financial penalty. Unlike damages, an astreinte has a coercive rather than remedial function. Who can impose an astreinte? How is it...Astreinte in the field of enforcement measures
Astreinte, Law of guarantees, securities and enforcement measuresThe astreinte, a financial penalty, requires the debtor to comply with a court order or face penalties. Find out how it works in enforcement proceedings.
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