Imperium by the Back Door: The Astreinte and the Enforcement of Contractual Obligations in France

M.P. MICHELL

ABSTRACT

The author examines the historical development, theoretical foundations, and recent legislative grounding of the astreinte, a judicial order in French law used for the specific enforcement of obligations and civil judgments. The author identifies contradictions between the theoretical purity of the Civil Code and the need for effective remedies, and shows how French courts, jurists, and legislators have attempted to deal with this conflict. The astreinte originated in judicial practice and its history has been driven by the courts.

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Citation: (1993) 51(2) U.T. Fac. L. Rev. 250.
Copyright © 1993. University of Toronto Faculty of Law Review.
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