English translation: the provisional execution of the decision
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Cf the GDT "exécution provisoire" (3/4) is basically what is says, that the plaintiff can require the defendant to respect the terms of the court's ruling, even if he (the defendant) has lodged an appeal. The idea behind it being to deter defendants from lodging hopeless appeals with the aim of simply putting back the date when the order has to be complied with.
How can this idea be expressed is legal English??? It depends what stage in the proceedings an order for « exécution provisiore » has been issued.
1 - If the court has made a final ruling in a case and the defendant is going to / has lodged an appeal, then "provisional execution" will work
2 - However, if the "exécution provisoire" really means that the court has made a provisional ruling, a sort of interim judgment that X has to be done, pending the main hearing, then the term you need is "interlocutory injunction".
INTERLOCUTORY INJUNCTION : "... may be granted at a special hearing pending the outcome of the main hearing in a case... A person who fails to abide by the terms of an injunction is guilty of contempt of court".
application for interlocutory relief / interim relief
Explanation: To be more precise, as in context, it appears to be referring to an applicaiton for provisional payment, a sort of provisional remedy, then this is no doubt what you need :
"interim relief (interolocutory relief) : a temporary remedy, such as an interlocutory injunction or interim payment granted ot a plaintiff by a court pending the trial. Application is made either by summons or by motion as directed by the rules of court."
Oxford Dic of Law, OUP
PS, if they actually get the money, if tehier applicaiton is successful, then the money is referred to as an "interim payment" - "payment on account by a defendant of any damages... that he is liable to pay to the plaintiff." The High Court (but not the county courts) may make such orders. In making his application, a defendant has to show the following :
- the defendant has admitted liability, OR
- the plaintiff has already obtained judgment for damages to be assessed, OR
- if the action proceeded to trial the plaintiff would obtain judgment for substantial damages.
Explanation: It seems here that the party wants the judgment to apply forthwith, that is without a stay pending appeal.
Canadian references give "provisional execution" in that sense.
This is one of those recurring problems in which French and English approach from opposite directions. In British law, immediate execution is the default situation : if the court says nothing, judgment takes effect forthwith. A stay must be explicitly ordered ( e.g. "stay of 1 month") and an appeal does not automatically entitle the appellant to a stay. In France, on the other hand, pleadings routinely ask especially for immediate execution.