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

Foreign law falls under the category of legal rules within the meaning of Article 12 of the Code of Civil Procedure, just like domestic rules, which the court must ensure are applied. The question has arisen regarding the possibility for the court to raise their applicability ex officio, given that ex officio raising, for domestic rules, concerns only mandatory public policy provisions. The Court  …

Specific case of foreign law

Foreign law falls under the category of legal rules within the meaning of Article 12 of the Code of Civil Procedure, just like domestic rules, which the court must ensure are applied. The question has arisen regarding the possibility for the court to raise their applicability ex officio, given that ex officio raising, for domestic rules, concerns only mandatory public policy provisions. The Court of Cassation distinguishes in this scenario depending on whether the dispute involves inalienable (indisponible) or alienable (disponible) rights.

The Court considers that it is up to the French court, for non-disposable rights, to apply the conflict of laws rule and to seek and apply the relevant foreign law . Thus, when the matrimonial regime of the parties is that of the separation of property under Dutch law, the court cannot rule on its liquidation without applying the foreign law whose jurisdiction was claimed by the parties, nor seek, if necessary with their assistance, the content of this law . Indeed, when the parties are not French or not domiciled in France, the competent French court must determine, before applying French law, whether the foreign national law of the parties did not recognize itself as competent .

When the dispute concerns rights over which the parties have free disposal and one of them invokes the application of foreign law, the court is obliged to ascertain whether this law is indeed applicable by reference to the conflict-of-law rule and, if so, to ascertain its content in order to apply it . Similarly, when the dispute concerns the application of foreign law to a contractual relationship, the court cannot resolve the dispute by applying French law without determining the law competent to govern the contract . Conversely, if the parties do not claim the application of foreign law, the court may rule on the basis of French law .

In all cases, when the court recognizes the applicability of foreign law, it must ascertain its content, either ex officio or at the request of a party invoking it, with the assistance of the parties and personally if necessary, and provide a solution to the disputed issue in accordance with the foreign positive law . However, the application of foreign law by the court, except in cases of distortion, is not subject to review by the Court of Cassation, regardless of its source, whether statutory or case law .

Finally, if the French court recognizing the applicability of foreign law encounters the impossibility of obtaining proof of its content, it may, even in matters of inalienable rights, apply French law on a subsidiary basis .

Cass. 1re civ., 26 May 1999, LawLex202200008796JBJ; 14 June 2005, LawLex202200005631JBJ; 22 November 2005, LawLex202200005498JBJ; 12 January 2011, LawLex202200005630JBJ.

Cass. 1re civ., 25 January 2005, LawLex202200005499JBJ.

Cass. 1re civ., 4 June 2009, LawLex202200005641JBJ.

Cass. 1re civ., 22 January 2008, LawLex202200009654JBJ.

Cass. 1re civ., 20 February 2008, LawLex202200009812JBJ.

Cass. 1re civ., 26 May 1999, LawLex202200005500JBJ.

Cass. 1re civ., 28 June 2005, LawLex202200005502JBJ.

Cass. 1re civ., 3 June 2003, LawLex202200005466JBJ.

Cass. 1re civ., 26 November 2006, LawLex202200009657JBJ.

1. Ordinary Law of Civil Procedure

22. Specific case of foreign law

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Les notions juridiques connexes

22. Specific case of foreign law

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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