Astreinte

Astreinte is a coercive monetary penalty used in civil law to compel the performance of an obligation. It consists of a fixed amount of money due for each day or other period of continued non-compliance, payable to the claimant or to a designated party, as set by a court or by a contractual clause. The instrument serves to pressure timely compliance rather than to punish.

There are two main forms. Judicial astreinte is imposed by a court in connection with an injunction, a production order, or another enforceable obligation. The court fixes the daily rate, may set a maximum, and can adjust, suspend, or lift the penalty in light of legitimate obstacles, including force majeure, once the obligation is fulfilled or progresses toward fulfillment. Astreinte continues to accrue until the non-compliant party complies.

Astreinte contractuelle arises from a clause within a contract rather than a court order. It functions similarly by imposing a daily penalty for non-performance, but its enforceability and amount typically depend on the contract terms and any applicable legal framework, which may require court involvement for collection in some jurisdictions.

Relation to damages: astreinte differs from damages, which compensate harm incurred by non-performance. The astreinte is a coercive tool intended to secure compliance; it typically ceases once the obligation is performed, and may be reduced or lifted if enforcement becomes disproportionate or unattainable.

Etymology: the term derives from the French verb astreindre, meaning to compel. The concept is widely used in civil law jurisdictions, notably France, Belgium, and Quebec, as a mechanism to ensure obedience to court orders or contractual duties.