Introduction

Role of the parties

Role of judge

Contentious matters

Concept

Powers of the judge

Principle of adversarial proceedings

Non-contentious matters

Underlying principles of civil proceedings

Right to bring civil action

Abuse of the right to bring proceedings

Type of action

Concept of action

Interest in bringing proceedings

Standing

Rules governing action

Legal action

Initial claim

Counterclaim

Additional claim

Intervention

Incidental claim

Interruption of limitation period

Application to file suit (demande en justice)

Defense on the merits

Procedural objections (exceptions de procédure)

Procedural bars to admissibility (fins de non-recevoir)

Defenses

Nature of claim

Amount of the claim

Jurisdiction ratione materiae

Principles

Exceptional territorial jurisdiction

Extension of jurisdiction

Territorial jurisdiction

Competent court

Formal requirements

Substantive requirements

Presentation of the QPC (Question prioritaire de constitutionnalité)

Referral to Court of Cassation

Referral to Constitutional Council

Referral of the QPC

Investigation procedure

Conduct of hearing

Decision of the Constitutional Council

Proceedings before Constitutional Council

Priority question of constitutionality (QPC)

Simplified case preparation procedure

Participative procedure for case preparation purposes

Extra-judicial case preparation

Recourse to technical expert

Agreements on extra-judicial case preparation (mise en état)

Disclosure of exhibits

Production of documents

Exhibits

Common provisions for investigations

Rules specific to each investigation

Investigative measures

Disputes concerning private deeds (actes sous seing privé)

Forgery procedure against authentic instruments

Challenges to documentary evidence

Oath sworn as decisive evidence

Oath tendered by way of supplementation

Judicial oath

Administration of evidence

Hearings

Deliberations

Judgment

Formation

Judgment after adversarial proceedings

Judgment by default or judgment after trial

Contentious or non-contentious judgment

Judgment on the merits or provisional ruling (avant dire droit)

Combined judgment

Provisional judgment

Judgment in fast track proceedings

Types

Joinder and severance of proceedings

Interruption of proceedings

Suspension of proceedings

Discontinuance of proceedings (extinction)

Procedural incidents

Plea of lack of jurisdiction

Recusal/Dismissal for legitimate suspicion

Challenging the judge's competence

General rules

Voluntary intervention

Compulsory intervention

Joinder in proceedings (intervention)

Existence of a judgment

Same subject matter, cause, and parties

Authority of res judicata

General conditions of enforcement

Provisional enforcement

Grace period

Enforcement of the judgment

Bearing of costs

Order to pay non-recoverable costs

Verification/Recovery

Claims/Disputes

Costs and expenses

Ordinary remedies

Extraordinary remedies

Remedies

Judgments

Calculation of time-limits

Acts of judicial commissioners

Service of documents

Ordinary notification

Notification between lawyers

International notification

Place of notification

Notification

Communication by electronic means

Procedural acts

1. Ordinary Law of Civil Procedure

The Code of Civil Procedure of 1806 did not contain any reference to non-contentious matters. It was not until the law of 15 July 1944 that Article 2 introduced the possibility of resorting to the court in non-contentious matters before the council chamber. Non-contentious matters are now governed by Articles 25 to 29 of the Code of Civil Procedure, which dedicate a separate chapter to them, disti …

The Code of Civil Procedure of 1806 did not contain any reference to non-contentious matters. It was not until the law of 15 July 1944 that Article 2 introduced the possibility of resorting to the court in non-contentious matters before the council chamber. Non-contentious matters are now governed by Articles 25 to 29 of the Code of Civil Procedure, which dedicate a separate chapter to them, distinct from Chapter 1 concerning the guiding principles of proceedings.

Article 25 of the Code of Civil Procedure states that “the court rules in non-contentious matters when, in the absence of a dispute, it is seized of an application which the law requires, due to the nature of the matter or the status of the applicant, to be subject to its control.” Thus, the concept of non-contentious matters requires the combination of two elements. On the one hand, it is characterized by the absence of a dispute . The Law of 15 July 1944 preferred the concept of absence of challenge; however, the absence of challenge does not preclude the existence of a dispute, as between a claimant and a non-appearing defendant. On the other hand, the court can only hear a non-contentious application if the law requires, due to its nature or the status of the applicant, that it be subject to review by it .

Non-contentious matters are currently experiencing contradictory developments. On one hand, the movement towards de-judicialization is leading to a reduction in its scope. This is the case with the entry into force of Law No 2016-1547 of 18 November 2016 on the modernization of 21st-century justice, Articles 229-1 and following of the Civil Code, which establish the creation of divorce by mutual consent through a private deed countersigned by lawyers and filed with a notary, and the repeal of Article 1008 of the Civil Code concerning the procedure for possession. On the other hand, the development of amicable modes of dispute resolution is contributing to the expansion of the domain of non-contentious matters for the purpose of approving agreements settling the dispute.

Cass. soc., 9 March 1983, No 81-13.532, LawLex202200006713JBJ; Cass. 1re civ., 8 October 2008, No 07-16.06791, LawLex202200005887JBJ.

Cass. 2e civ., 30 June 1993, LawLex202200006692JBJ; Cass. 1re civ., 5 January 1999, No 96-12.992, LawLex200600001775JBJ.

1. Ordinary Law of Civil Procedure

40. Concept

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Les notions juridiques connexes

40. Concept

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