By Raphaël MORENON
23 March 2025
Provisional execution, a derogation from the principle of the suspensive effect of ordinary legal remedies, allows a creditor to pursue the immediate enforcement of a court decision despite an appeal or opposition. But what are its practical effects? When do they take effect? How do they affect the parties to the dispute? When does provisional enforcement take effect Provisional enforcement is only useful if the suspensive remedy (appeal or objection) is actually exercised. Otherwise, the decision becomes res judicata and enforcement becomes final. The effects of provisional enforcement therefore apply only during the appeal or opposition proceedings. Article L. 111-10 of the Code of Civil Enforcement Procedures states that «forced execution may be pursued to its conclusion by virtue of a provisional enforcement order». In practical terms, the creditor benefits from an immediate writ of execution, enabling him to implement the enforcement measures necessary to recover his debt. The conditions for...
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