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French Courts Offer Various Measures to Resolve Disputes
In a bid to resolve disputes, French courts have introduced several measures that parties can request, including ex parte orders to obtain private documents and court-ordered investigative measures. These measures are governed by Article 145 of the Civil Procedure Code.
Punishing Non-Compliance with Court Orders
French courts take non-compliance with court orders seriously. In such cases, the defeated party may be subject to financial obligations, including:
- Legal interest rates that increase by five points after two months from the date the decision became enforceable
- A penalty payment attached to the decision to ensure its enforcement
In extreme cases where there is abusive resistance from the debtor, the judge may award damages to the creditor for any prejudice suffered.
Obtaining Evidence Abroad
French courts can obtain evidence abroad through:
- Letters of request sent directly to the jurisdiction concerned
- Entrusting the public prosecutor to retrieve the evidence
However, the obtaining of evidence is subject to refusal by the foreign jurisdiction under applicable conventions.
Assisting Courts in Other Jurisdictions
French civil courts can assist foreign courts with asset recovery proceedings by:
- Taking evidence
- Granting enforcement of foreign judgments
EU court decisions receive automatic exequatur, allowing for easy recovery of assets located in France. Non- EU court decisions must meet conditions set out in French case law.
Causes of Action in Civil Asset Recovery
French law recognizes various causes of action in civil asset recovery, including:
- Contractual breach
- Torts
Claimants may seek a range of remedies, including:
- Damages
- Price reductions
- Termination of agreements
- Seizure of assets
Judgment Without Full Trial
In some cases, victims can obtain a judgment without the need for a full trial through:
- Default judgments
- Summary judgments
Post-Judgment Relief
Successful claimants can obtain post-judgment relief through French bailiffs, who have the exclusive right to carry out enforcement and preventive measures. Bailiffs may request police assistance in cases of resistance from debtors and can execute various measures, including:
- Seizure of assets
- Real estate
Enforcement Methods
French law offers various methods of enforcement, each suitable for different situations, including:
- Traditional enforcement methods (seizure of movable property and real estate)
- Specialized measures (preventive seizure and seizures of bank accounts)