Lexécution

Lexécution, often written l'exécution, designates the set of actions by which a right, judgment, or obligation is put into effect by public authorities. It covers the enforcement of civil and commercial judgments, the execution of administrative decisions, and the carrying out of criminal sentences. The aim is to translate judicial or contractual rights into enforceable outcomes and to secure respect for the content of legal orders.

Procedural framework: In civil procedure, enforcement begins when a decision becomes enforceable and continues until the remedy is realized. Enforcement tools include coercive measures such as seizures (saisies), wage garnishment (saisie sur salaire), and fines; enforcement officers (huissiers de justice) act under court authority. Some decisions may be enforceable provisionally, subject to safeguards and later review.

Voluntary vs. forcible: Exécution volontaire occurs when the debtor complies without coercion, while exécution forcée involves state-ordered measures, often with procedural safeguards to protect rights and ensure proportionality. The process is governed by procedural codes and can be challenged by remedies contesting illegality, defect of notice, or improper procedure.

International dimension: Cross-border execution relies on national laws and international instruments to recognize and enforce judgments abroad. A key instrument is the Hague Convention of 1958 on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters, which facilitates cooperation between states.

Safeguards and limits: The enforcement process balances the need to realize rights with respect for due process, privacy, and humane treatment. Safeguards include clear notices, opportunities for defence, proportionality limits, and avenues for redress against abusive enforcement.

See also: exécution des jugements, saisie, astreinte, huissier de justice.