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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
Enforcement of Astreintes Fixed in Anticipation of Injunction

Enforcement of Astreintes Fixed in Anticipation of Injunction

Silva, Natácia Duarte Da

Paperback

General Law

ISBN10: 6207723643
ISBN13: 9786207723645
Publisher: Our Knowledge Publishing
Published: Jun 28 2024
Pages: 56
Weight: 0.21
Height: 0.13 Width: 6.00 Depth: 9.00
Language: English
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.

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