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 claim may not be quantifiable or may not be quantified. A court action that is not quantified is not inadmissible for that reason alone . However, it is up to the court to invite the party concerned to quantify their claims . The appellate jurisdiction threshold is determined even if the claim only seeks the payment of one franc in damages .
When the claim is indeterminate in amount, the judgm …

Indeterminate claim

The claim may not be quantifiable or may not be quantified. A court action that is not quantified is not inadmissible for that reason alone . However, it is up to the court to invite the party concerned to quantify their claims . The appellate jurisdiction threshold is determined even if the claim only seeks the payment of one franc in damages .

When the claim is indeterminate in amount, the judgment is, pursuant to Article 40 of the Code of Civil Procedure, subject to appeal, unless otherwise provided. While some claims may be indeterminate by law (Art. R. 1462-1, 2°, Labor Code), others are so by nature. This is the case for a claim for invalidity or rescission of a contract .

The concept of an indeterminate claim is particularly illustrated in labor law, which serves as its preferred field. Indeterminate claims are characterized by requests such as deducting a portion of salary based on the employee's clock-in time , the request for recognition of an economic and social unit , or contesting that the direct management takeover by a municipality of slaughterhouse operations results in the transfer of an autonomous economic entity , the request to declare the lapse of a modification to an employment contract , the annulment of a non-compete clause , or a suspension , the request for employees to retain benefits provided by a collective agreement despite its termination  or for the recognition of the occupational nature of an accident , the request concerning a person's affiliation to social security , the request to modify the information on pay slips , aiming to contest the appointment of a person as a union representative to a group committee  or a person within a special negotiating body for the establishment of a European Works Council , or seeking the annulment of appointments of works council representatives  or to classify an employment contract as a fixed-term contract . Similarly, an action for payment of back wages, when accompanied by a request for the issuance of corrected pay slips, constitutes an indeterminate claim . This is not the case, however, for a request for the allocation of a sum of money where the amount is specified .

Cass. 2e civ., 8 March 2006, LawLex202200010665JB.

Cass. soc., 24 November 1998, LawLex202200005422JB.

Cass. soc., 4 November 1976, LawLex202200011148JBJ; 13 March 2001, LawLex202200006195JBJ.

Cass. soc., 18 December 1997, LawLex202200006245JBJ.

Cass. soc., 19 June 1975, LawLex202200011153JBJ; 26 May 1977, LawLex202200011155JBJ.

Cass. soc., 9 October 1996, LawLex202200006189JBJ; 1 June 1999, LawLex202200006186JBJ; 28 November 2006, LawLex202200006253JBJ.

Cass. soc., 18 February 2004, LawLex202200006246JBJ.

Cass. soc., 18 June 2003, LawLex202200006247JBJ.

Cass. soc., 24 September 2008, LawLex202200006280JBJ.

Cass. soc., 28 January 1998, LawLex202200006252JBJ.

Cass. soc., 23 March 2011, LawLex202200006279JBJ.

Cass. soc., 13 July 2004, LawLex202200006194JBJ, which declares the appeal inadmissible insofar as each employee's claim concerned an amount deducted from their salary and below the final jurisdictional threshold of the labor tribunal; 10 January 2006, LawLex202200006191JBJ, which classifies as determined a claim for damages, the amount of which must, if not specified, be clarified by the claimant at the court's request; 23 May 2006, LawLex202200011154JBJ, which holds that the labor tribunal rules in the last instance when the employees' claim concerns an amount below the final jurisdictional threshold.

Cass. 2e civ., 24 January 1996, LawLex202200006179JBJ.

Cass. 3e civ., 20 July 1976, LawLex202200011146JBJ, regarding the application for invalidity of a lease and rent determination based on an adjusted area; Cass. 1re civ., 7 February 1995, LawLex202200006113JBJ, which holds that the application for rescission of a contract is by nature indeterminate.

Cass. soc., 26 March 1980, LawLex202200011156JBJ.

Cass. soc., 12 September 2007, LawLex202200006277JBJ; 31 January 2012, LawLex202200006281JBJ.

Cass. soc., 10 May 1999, LawLex202200011151JBJ, on the direct management takeover by a municipality of the operation of slaughterhouses.

Cass. soc., 28 February 2012, LawLex202200011621JBJ.

Cass. soc., 15 March 1978, LawLex202200011152JBJ.

Cass. soc., 8 July 1985, LawLex202300000044JBJ; 26 October 1999, LawLex202200006251JBJ.

1. Ordinary Law of Civil Procedure

85. Indeterminate claim

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

85. Indeterminate claim

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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