Revista da EMERJ - V. 21 - N. 2 - Maio/Agosto - 2019

 R. EMERJ, Rio de Janeiro, v. 21, n. 2, p. 40-51, Maio-Agosto, 2019  41 enforcement already realized, are considered as procedurally valid (article 159 Code of Civil Procedure) 3 . However, the constitutionally guaranteed claim to enforcement pre- supposes the state intervention in the private sphere of the debtor, espe- cially in his constitutionally guaranteed rights. Some specific issues of the enforcement proce- dure The judgment does not become enforceable until the time period for an appeal has expired without an appeal being lodged, or, if an appeal is lodged, until judgment has been given on the appeal. The creditor may obtain provisional enforcement of the judgment, bearing the risk to have to repay amounts paid to him or to make compensation for losses suffered by the debtor as a consequence of enforcement, if the judgment is later overturned on appeal 4 . Provisional enforcement is obligatory for some judgments (art. 910 Code of Civil Procedure), while others may never be declared provisionally enforceable. It is in the discretion of the court to permit provisional enforcement on the application of the judgment creditor (art. 908 Code of Civil Procedure), if it considers that there are special reasons to justify it 5 , or if delayed enforcement could cause harm to the creditor. The court will not declare a judgment provisionally enforceable if that could cause irreparable harm to the judgment debtor. According to the article 911 Code of Civil Procedure, if the judgment debtor requests it, provisional enforcement may be made dependent on the provision of security by the judgment creditor. The judgment debtor can lodge adequate security himself and thus prevent provisional enforcement, in case he applies to have a default judgment set aside or in case he lodges an appeal within the time-limits prescribed by the law 6 . 3 P. Gesiou-Faltsi , Protection against the abusive enforcement: Principle of proportionality or application of the article 281 of the Civil Code? [ in Greek ], in: Procedural Legal Order. IV. Studies and legal opinions of law of enforcement of judgments , Athens - Thessaloniki 2009, 125, 128. 4 E.N. Moustaira, Greece, in : Enforcement of judgments (co-ordinator: W. Kennett), European Review of Private Law 1997, 321-428 (331). 5 For example: the judgment was based on the fact that the debtor recognized the claim as valid, or on a public or re- cognized private document, or concerns maintenance, copyright, tort, labour disputes, commercial disputes, choses in action, etc. 6 E.N. Moustaira, Greece, in : Enforcement of judgments (co-ordinator: W. Kennett), European Review of Private Law 1997, 321-428 (333).