Expert advice and implications In December 2019, a significant decree brought about far-reaching reforms to civil procedure. For individuals seeking effective legal representation in Nice, our expert lawyers are ready to provide advice and support.
Reform of civil procedure: provisional judicial execution and its implications: –
Introduction of provisional judicial execution under the decree of December 2019
The recent reform of civil procedure, initiated by the decree of December 2019, has brought significant changes to the legal landscape. A crucial measure introduced by the reform is the principle of provisional judicial execution, which is set out in article 514 of the Code of Civil Procedure. This new provision establishes that decisions in civil matters will generally be provisionally enforceable. Traditionally, appealing a decision remained its execution. However, the principle of provisional execution allows the winning party in a trial to see the judgment executed, even in the event of an appeal.
Limitations and exceptions to provisional execution: –
Cases where provisional execution does not apply and exceptions granted by the judge
If provisional execution is the general rule, there are particular cases where this principle does not apply. For example, decisions relating to nationality, the rectification or cancellation of civil status documents, the choice of first name(s) when registering births, requests for changes in surnames and first names, questions of filiation and adoption, as well as decisions concerning parental authority, alimony, contribution to marriage expenses and child alimony are exempt from provisional execution. Furthermore, the judge has the power to decide not to apply provisional execution in specific situations,
Navigating the complexities of provisional execution and understanding the limitations and exceptions can be difficult. Seek legal advice from experts who can guide you through the process and help you protect your rights.
