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

Corollary to the adversarial principle, the public nature of proceedings is a fundamental principle traditionally recognized in French law. According to the European Court of Human Rights , the principle of public proceedings holds a prominent place as the transparency it provides to justice ensures the right to a fair trial. The Council of State has classified it as a general principle of law  an …

Public nature of proceedings

Corollary to the adversarial principle, the public nature of proceedings is a fundamental principle traditionally recognized in French law. According to the European Court of Human Rights , the principle of public proceedings holds a prominent place as the transparency it provides to justice ensures the right to a fair trial. The Council of State has classified it as a general principle of law  and the Court of Cassation as a mandatory public policy provision .

Article 22 of the Code of Civil Procedure establishes the principle of the public nature of proceedings, “except in cases where the law requires or allows them to take place in chambers,” a principle also enshrined in Article 433, para. 1, of the same code and in Article 11-1, para. 1, of Law No 72-626 of 5 July 1972, establishing an enforcement judge and relating to the reform of civil procedure. The principle of the public nature of proceedings is also recognized by international and European legal instruments. Articles 10 of the Universal Declaration of Human Rights, 14, paragraph 1, of the International Covenant on Civil and Political Rights, and 6-1 of the Convention for the Protection of Human Rights and Fundamental Freedoms thus enshrine the principle of the public nature of proceedings.

The public nature of proceedings requires that the public be admitted to the hearing. If they are not actually present, the hearings must nevertheless be held with open doors. However, the legislator reserves cases where proceedings will take place in chambers, particularly to preserve respect for private and family life. Thus, Article 248 of the Civil Code provides that “proceedings on the cause, consequences of divorce, and interim applications are not public.” Also concerned, apart from disputes involving individuals, are those concerning confidential elements in business life. In its wording resulting from Law No 2019-222 of 23 March 2019, Article 11-1, paragraph 2, of Law No 72-626 of 5 July 1972 provides that, “without prejudice to the application of other legislative provisions, and except before the Court of Cassation, they shall nevertheless take place in chambers (…) in matters involving business secrecy under the conditions provided for in 3° of Article L. 153-1 of the Commercial Code (4°) .” Beyond the exceptions it sets, the text ultimately provides that “the court may also decide that the proceedings will take place or continue in chambers if their publicity would result in an invasion of privacy, or if all parties request it, or if disturbances arise that could disrupt the serenity of justice.”

ECHR, 8 December 1983, No 7989/77, Pretto v. Italy.

Cons. d'Et., ass, 4 October 1974, 88930, LawLex202200009764JBJ.

Cass. 2e civ., 24 February 2000, No 98-22.395, LawLex202200008570JBJ.

ECHR, Le Compte, Van Leuven and De Meyere v. Belgium, 23 June 1981, No 6878/75, LawLex202200007222JBJ.

1. Ordinary Law of Civil Procedure

37. Public nature of proceedings

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

37. Public nature of proceedings

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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