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

In contentious matters, in accordance with the provisions of Articles 6 and 7 of the Code of Civil Procedure, the parties are responsible for alleging the facts necessary to support their claims, and the court cannot base its decision on facts that are not part of the debate. However, in non-contentious matters, Article 26 of the Code of Civil Procedure provides that “the court may base its decision on all facts related to the case submitted to it, including those that have not been alleged.”  Nevertheless, when the court considers facts that have not been alleged by the applicant, it is required to seek explanations from the parties. 

In non-contentious matters, the court has significant investigative powers as it conducts all necessary investigations, even ex officio (Art. 27, para. 1, CPC). It has broad prerogatives regarding third parties since, under Article 27, para. 2, “it has the ability to hear informally from persons who can provide insight as well as those whose interests may be affected by its decision.” This is a faculty, not an obligation . If they justify a legitimate interest, the court may authorize these third parties to consult the case file and obtain a copy (Article 29 CPC). However, according to the Conseil d'Etat, this faculty granted to the court cannot have the purpose or effect of releasing it from its obligation to observe professional secrecy imposed by Article 378 of the Criminal Code and to ensure respect for privacy .

Cass. 1re civ., 20 May 1980, No 79-10.244, LawLex202200009257JBJ.

Cass. 1re civ., 13 January 1993, No 91-04.135, LawLex202200005814JBJ.

Cass. 1re civ., 4 October 1988, No 86-18.816, LawLex202200008863JBJ.

Cons. d'Et., 12 October 1979, No 00000, LawLex202200006689JBJ.

Powers of the court

41. Powers of the court