The Injunction Application — What the Claimant Must Substantiate
Security of claim is the set of measures that protects the enforcement of a judgment or the exercise of an infringed right against the respondent's conduct. The claimant may apply to the court with an application for security of claim, which must indicate the circumstances on account of which the non-application of the measure will impede or render impossible the enforcement of the decision or the exercise of the infringed or disputed right, or will cause irreparable and direct damage, or damage that cannot be compensated by imposing on the respondent the duty to redress it. The application must also contain the substantiation of which measure of security the claimant considers necessary. The application is thus a two-sided instrument: on the one hand, substantiation of the need; on the other, the selection of a concrete measure. The operation of the injunction rests on the court's presumption that the claim may be satisfied — and this presumption does not prejudge the outcome: the court's reasoning on the material and procedural preconditions of the claim has no bearing on the court's final decision.
Seizure of Immovables: the Documentary Requirement and the Cure of Defects
An application by which a person seeks the seizure of immovable property must be accompanied by an extract from the public registry or an appropriate document confirming the respondent's right of ownership of that immovable. If the extract or document is not attached, or the state duty is unpaid, the court issues a ruling on the defect and gives the applicant a period to cure it; if the defect is not cured within the appointed period, the court by its ruling leaves the application unexamined, which is appealable by complaint. In practice this technical stage is often decisive: a missing registry extract can knock the whole injunction out into temporary inadmissibility, and restoration by complaint requires additional time — time in which the respondent alienates the property.