Contribution to the study of the enforcement of civil judgments in domestic and international relations of private law.

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Publication date
2008
Publication type
Thesis
Summary Private law has been interested in the notion of enforcement of civil judgments under different aspects without ever characterizing it with precision. However, in the light of private international law, private judicial law, and civil law, it is possible to characterize its unity and autonomy. Across these different fields, a unitary criterion emerges which allows one to affirm that through the enforcement of a judgment, it is the enforcement of the judicial obligation attached to the judgment which is in fact enforced, and not the enforcement of the pre-existing substantive right, because the judge has a specific creative power. The enforcement of the judgment is a binding process of realization of the right, responds to a specific regime, and depends in particular on an essential condition, the enforceability of the title. The effectiveness of the recourse to enforcement in the internal and international order, is framed by the consecration of an autonomous fundamental right, the right to enforcement.
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