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In French jurisprudence, astreinte describes a means of enforcing performance judgments . The debtor who has been sentenced to in rem restitution is required to pay a certain sum of money to the creditor (i.e. the successful plaintiff) for each day that he remains in default (in contrast to the penalty payment according to § 888 , § 890 ZPO, for the the money goes to the treasury). The astreinte was not regulated in the Civil Code or in the Code de procédure civile until 1978 , but is a creation of justice. Since 1991 it has been regulated in Article 33 of the law of July 9, 1991.

literature

  • Claudia Klinker: The best in French civil law . Lit, Münster 2002, ISBN 3-8258-5880-4 .
  • Volker Drabe: The fulfillment in kind in French law with the help of the "Astreinte" . o. O. 1968.