Contrainte par corps () by Serge Leroy Contrainte par corps () by Serge Leroy

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The law provides that imprisonment for debt can last for up to five years. However, this legislation also provides for civil imprisonment for failure to pay debt and it was promulgated in order to solve the problem of bad faith debtors who took advantage of creditors' goodwill.

Suggest an example Results: Article 8, paragraph 2 aof the Dominican Constitution, which deals with individual security, establishes that enforcement by committal shall not be permitted unless the debt in question originates from a criminal offence.

Imprisonment for non-payment shall be applicable in accordance with the legislation in force. La contrainte par corps est en vigueur dans le droit mauritanien. Terms of civil imprisonment are served under the same conditions as rigorous imprisonment, as laid down in article of the Code of Criminal Procedure.

These decisions concern the imprisonment of insolvent debtors. This obligation shall be governed by special rules applying to maintenance and is therefore subject to enforcement by committal in case of non-compliance.

In a decision of 12 May the Federal Court voided a sentence which violated the prohibition of enforcement by committal.

Enforcement against the person is not applied in relations between individuals. Register to see more examples No results found for this meaning.

Translation of "contrainte par corps" in English

Pursuant to article of the Code of Criminal Procedure, the duration of enforcement by committal is proportional to the size of sums to be paid. A further provision benefiting indigenous populations was the Act abolishing prison sentences and enforcement by committal for debt, which had been adopted in December The Supreme Court has opted to abolish enforcement by committal in contractual obligations by founding its jurisprudence on article 11 of the Covenant on Civil and Political Rights.

La contrainte par corps n'est pas mise en oeuvre dans les rapports entre individus. The provisions of section shall apply to a foreigner who is incarcerated as a result of imprisonment in default of payment of fine.

However, Morocco's ratification of the International Covenant on Civil and Political Rights should make the Dahir on enforcement by committal inapplicable in civil cases. The new Code of Civil and Administrative Procedure has abolished enforcement by committal in contractual obligations.

Article 11 of the Covenant prohibits enforcement by committal for failure to fulfil a contractual obligation.