INJUNCTION TO MAKE
LexInter | July 26, 2019 | 0 Comments

INJUNCTION TO MAKE

NEW CODE OF CIVIL PROCEDURE

Section II: The injunction to do

Article 1425-1

(inserted by Decree nº 88-209 of March 4, 1988, art. 3 and 6 Official Journal of March 5, 1988 in force on January 1, 1989)

The performance in kind of an obligation arising from a contract concluded between persons not all having the status of trader may be requested from the district court when the value of the service whose performance is claimed does not exceed not the jurisdiction rate of that jurisdiction.

Article 1425-2

(inserted by Decree nº 88-209 of March 4, 1988, art. 3 and 6 Official Journal of March 5, 1988 in force on January 1, 1989)

The request is brought at the choice of the plaintiff, either before the district court of the place where the defendant lives, or before the district court of the place of performance of the obligation.

Article 1425-3

(inserted by Decree nº 88-209 of March 4, 1988, art. 3 and 6 Official Journal of March 5, 1988 in force on January 1, 1989)

The request is made by request filed or addressed to the registry by the beneficiary of the obligation or by the persons mentioned in article 828.
The request contains:
1 ° For natural persons, the surname, first names, profession and address of the parties or , for legal persons, their name and their registered office;
2 ° The precise indication of the nature of the obligation whose performance is being pursued as well as the basis thereof;
It is accompanied by supporting documents.
The limitation period and the time limits for acting are interrupted by the registration of the application at the registry.

Article 1425-4

(inserted by Decree nº 88-209 of March 4, 1988, art. 3 and 6 Official Journal of March 5, 1988 in force on January 1, 1989)

   If, in view of the documents produced, the request appears to him to be justified, the judge issues an injunction to do so that cannot be appealed.
It sets the object of the obligation as well as the time limit and the conditions under which it must be performed.
The order also mentions the place, day and time of the hearing at which the case will be examined, unless the applicant has made known that the injunction has been executed.

Article 1425-5

(inserted by Decree nº 88-209 of March 4, 1988, art. 3 and 6 Official Journal of March 5, 1988 in force on January 1, 1989)

The registry notifies the parties of the order by registered letter with acknowledgment of receipt. The same day, he sends a copy of this notification by ordinary letter. The notification letter mentions the provisions of articles 1425-7 and 1425-8.

Article 1425-6

(inserted by Decree nº 88-209 of March 4, 1988, art. 3 and 6 Official Journal of March 5, 1988 in force on January 1, 1989)

The order issuing an injunction to make and the motion are kept as a minute at the court office, which provisionally keeps the documents produced in support of the motion.

Article 1425-7

(inserted by Decree nº 88-209 of March 4, 1988, art. 3 and 6 Official Journal of March 5, 1988 in force on January 1, 1989)

  When the injunction to do so has been executed within the allotted time, the applicant informs the registry. The case is withdrawn from the list.
In the absence of such information and if the applicant does not appear at the hearing without a legitimate reason, the court declares the injunction procedure null and void.
The declaration of nullity may be revoked if the applicant informs the registry within fifteen days of the legitimate reason which he would not have been able to invoke in time. In this case, the parties are summoned to a subsequent hearing.

Article 1425-8

(inserted by Decree nº 88-209 of March 4, 1988, art. 3 and 6 Official Journal of March 5, 1988 in force on January 1, 1989)

The court, in the event of total or partial non-fulfillment of the injunction to act that it has issued, rules on the request, after having tried to reconcile the parties.
He knows, within the limits of his attribution competence, the initial request and all the incidental requests and defenses on the merits.
In the event of a decision of lack of jurisdiction, the case is referred to the competent court in accordance with the rules provided for in Article 97.

Article 1425-9

(inserted by Decree nº 88-209 of March 4, 1988, art. 3 and 6 Official Journal of March 5, 1988 in force on January 1, 1989)

If the judge rejects the petition, the decision is final for the petitioner, except for the petitioner to proceed through common law remedies. The request and the documents produced are returned to the requester.

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