The Executive Effects of Annulment of Judgments Subject to Expedited Enforcement

The inclusion of a judgment subject to expedited enforcement is an exception to the general rule of enforcement. It is a mechanism aimed at expediting justice, especially when delaying enforcement causes harm. Expedited enforcement is a license granted by the legislator to the judgment creditor to protect their interests. However, in order to balance the rights of the judgment creditor and the judgment debtor, certain safeguards have been established to limit the judgment creditor's power. A judgment subject to expedited enforcement may be subject to annulment, whether by the Court of Appeal or the Court of First Instance. This results in the cancellation of the enforcement procedures undertaken and the obligation to restore the situation to its previous state after the annulment of the writ of execution upon which the enforcement procedures were based. The judgment creditor, who fails to prove their claim, may ultimately be unable or unwilling to restore the situation to its state before enforcement began. Therefore, it is essential to consider the judgment creditor's interests. He must do so in order to avoid being harmed, especially since expedited enforcement is based on balancing the interests of the parties to the lawsuit.