Uitvoerbaar bij voorraad

In Dutch civil procedure, the term 'provisionally enforceable' means that the court orders the judgment to be immediately enforceable, notwithstanding the lodging of an appeal or other legal remedy. This ensures that the successful party is not required to wait unduly for compliance while appeal proceedings are pending.

A declaration of provisional enforceability may be included explicitly in the judgment or may follow from statute in certain cases. The opposing party may, however, apply to the enforcement court for a stay of execution where enforcement would constitute an abuse of process or give rise to irreparable harm.

In practice, the provision is particularly relevant in urgent matters, such as maintenance claims, eviction proceedings or monetary judgments, where delay occasioned by an appeal would be undesirable.