Do you prefer to contact us by phone?

Bekijk het overzicht van onze Wanted kantoren op onze contactpagina.

26/05/2026
21/03/2016

Can I enforce my judgment provisionally?

Provisional enforcement of a judgment

Whether a judgment can be enforced provisionally depends on whether it is provisionally enforceable. A judgment can be enforced on a provisional basis when it is enforceable notwithstanding appeal.

Provisional enforceability is now the rule

Since 1 November 2015, all adversarial judgments against which an appeal has been lodged are, in principle, provisionally enforceable. As a result, you can have your judgment enforced by a bailiff, even if appeal proceedings are still pending and the ruling is not yet final.

Non-enforceability of a default judgment

Judgments rendered by default, against which an objection or an appeal has been filed, are in principle not provisionally enforceable. You must therefore wait for the opposition proceedings to be completed before you can enforce the decision.

Provisional enforcement of judgments can be risky

Although, in the cases provided for by law, you are entitled to proceed with the provisional enforcement of a judgment despite an appeal or objection, such enforcement is not without risk.

When a party enforces a judgment against which a legal remedy can still be used, or has already been used, that enforcement takes place at that party’s own risk (Article 1398 of the Belgian Judicial Code). A judgment is not enforced automatically: provisional enforcement always takes place on the initiative of one of the parties. (wanted.law)

If the appeal or objection is later declared well-founded and the original judgment that was enforced is changed, the enforcing party will be liable for any damage caused by that enforcement, because it turned out to have been unjustified.

It is therefore advisable to act very cautiously before actually enforcing judgments against which an appeal or objection is still possible, or against which such remedies have in fact already been brought.

Liability arising from provisional enforcement is also a form of strict liability. This means the enforcing party may be held liable without the injured party having to prove fault. By simply enforcing a judgment that may still be overturned, one consciously chooses to take that risk.

Disclaimer

The information on legal topics that you will find in this contribution is purely informative, general discussions and can in no case be considered as legal advice. Wanted Law accepts no liability for any damage that someone may suffer by relying on this information. If you want legal advice, you should contact a qualified lawyer who will advise you based on your personal situation. All blog posts published on the Wanted Law website are written in accordance with Belgian law.

Copyright

Wanted Law holds the exclusive copyright of this website, its design and its entire content. Use of this website, or parts thereof, in any form whatsoever is prohibited without the prior written consent of Wanted Law.

Share this message

Do you have a problem and would you like affordable legal advice?

Book a consultation at Wanted Law!