référéprovision

Référé-provision is a fast-track procedure in French civil procedure that enables a creditor to obtain a provisional order for payment or to secure payment of a debt pending the main dispute. The purpose is to provide immediate relief by ensuring that a defined sum can be recovered or guarded while the case is being adjudicated.

The claim must be sufficiently clear to support an immediate payment obligation. Typically the debt is deemed certain and liquid, or the amount can be determined from a document such as an invoice, contract, or other writing. The court must also be convinced that there is no serious doubt about the existence of the claim; if a substantial part of the claim is contested, the court may still grant a provisional provision for the undisputed portion or reject the request.

Proceedings are expedited: the creditor submits a petition with supporting documents to a judge of the référés, who may hold a brief hearing or decide on the basis of the submissions. The resulting ordonnance de provision can specify the amount to be paid, the due date, and, in appropriate cases, provisional execution. The debtor can contest the order, often by appeal, and may request suspension or modification of the provisional measures.

Effect and enforceability: the provision is ordinarily enforceable provisionally, allowing the creditor to obtain payment or deposit of the amount even before the main merits decision. If the debtor fails to comply, enforcement measures such as sequestration or other remedies may be pursued. The procedure is distinct from ordinary civil actions in that it addresses provisional relief rather than the full merits of the case.