Article 259: Execution rules apply to interim measures

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 3320/2550 (2007)

   The exemptions from execution in Section 285(4) apply to provisional measures before judgment through Section 259. State property that is not subject to execution therefore cannot be seized or attached as an interim measure.

   The money in issue was state property that could not be seized under Civil and Commercial Code Section 1307 and was exempt from execution under Section 285(4), which applies to provisional measures through Section 259. The Supreme Court held the plaintiff could not apply to seize such money before judgment.

2. Arrêt de la Cour suprême n° 1868/2548 (2005)

   An order made during the proceedings restraining the defendant from subletting the plaintiff's property until the case is final is within the scope of what is necessary to protect the plaintiff against continuing breach of the lease, and is lawful under Section 254 (2) read with Section 255.

   The plaintiff sued to evict a tenant who had sublet the premises and built on the land in breach of the lease, and applied for interim protection. The trial court forbade the defendant from subletting the property until the case was final, and the Supreme Court upheld that order as within the scope necessary to protect the plaintiff under Section 254 (2) read with Section 255. The trial court had also ordered detention for non-compliance under Section 297 read with Section 259, but the Court of Appeal Region 5 set that order aside and sent it back for a fresh inquiry, and it was not before the Supreme Court.

3. Arrêt de la Cour suprême n° 4344/2536 (1993)

   Section 259 requires the execution provisions of Title 2 to apply to provisional measures mutatis mutandis, so an interim seizure or attachment of the defendant's property before judgment is treated the same as a seizure or attachment to enforce a judgment, including liability for execution officer fees.

   The Supreme Court explained that Section 259, situated in Book 4, Title 1, applies the execution provisions of Title 2 to provisional measures mutatis mutandis. It followed that a seizure or attachment of the defendant's property as an interim measure must be treated like a seizure or attachment to enforce a judgment and carries the execution officer's fees.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.