Andere Kunden interessierten sich auch für
![EXPLOITS IN CONGOLESE JUDICIAL LAW]( "EXPLOITS IN CONGOLESE JUDICIAL LAW")
EXPLOITS IN CONGOLESE JUDICIAL LAW59,99 €![Exécution des astreintes fixées en prévision d'une injonction]( "Exécution des astreintes fixées en prévision d'une injonction")
Exécution des astreintes fixées en prévision d'une injonction26,99 €![Enforcement of decisions of the African Court on Human and Peoples' Rights]( "Enforcement of decisions of the African Court on Human and Peoples' Rights")
Enforcement of decisions of the African Court on Human and Peoples' Rights26,99 €![Moratorium lifted on the execution of the death penalty in DR Congo:]( "Moratorium lifted on the execution of the death penalty in DR Congo:")
Moratorium lifted on the execution of the death penalty in DR Congo:30,99 €![Preventing business difficulties]( "Preventing business difficulties")
Preventing business difficulties29,99 €![Oversight proceedings in civil proceedings in the Republic of Belarus]( "Oversight proceedings in civil proceedings in the Republic of Belarus")
Oversight proceedings in civil proceedings in the Republic of Belarus23,99 €![THE EXECUTION OF THE IMMEDIATE ARREST MEASURE]( "THE EXECUTION OF THE IMMEDIATE ARREST MEASURE")
THE EXECUTION OF THE IMMEDIATE ARREST MEASURE29,99 €
The purpose of this paper is to analyze the existing doctrinal and jurisprudential discussion on the enforceability of the coercive fine imposed on the defendant in order to restrain him from complying with the court order granted in limine. In this regard, it was found that there are two distinct currents tackling the issue. Some scholars and judges deny this possibility, stating that the fine should only be enforced provisionally, so that if it is established that the plaintiff is not entitled to the claim, any credit arising from the fine will be void. On the other hand, there are those who argue that the pecuniary penalty should be definitively enforced as soon as it is established that the obligation has not been complied with, and is not conditional on the claim being upheld. This is because they believe that the fine is procedural in nature and not linked to the substantive right at issue.