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 enshrines within Articles 538 to 541 provisions common to ordinary remedies.
Article 538 sets the time limit for an ordinary remedy at one month in contentious matters and fifteen days in non-contentious matters. This time limit, like the remedy exercised within this period, suspends the enforcement of the judgment (Art. 539 CPC). Thus, an expert assessment ordered by a …

Time-limits for appeals and relief from forfeiture

The Code of Civil Procedure enshrines within Articles 538 to 541 provisions common to ordinary remedies.

Article 538 sets the time limit for an ordinary remedy at one month in contentious matters and fifteen days in non-contentious matters. This time limit, like the remedy exercised within this period, suspends the enforcement of the judgment (Art. 539 CPC). Thus, an expert assessment ordered by a judgment, not accompanied by provisional enforcement and conducted before the appeal has been decided, cannot be enforced against the appellant who did not attend . However, an ordinary remedy filed out of time results in the judgment acquiring the authority of res judicata .

Article 540 of the Code of Civil Procedure sets out the rules regarding the relief from forfeiture by the court in the event of a judgment rendered by default or deemed adversarial, resulting from the expiration of the time limit if the defendant, without fault on their part, was not aware of the judgment in time to exercise their remedy, or if they were unable to act (Art. 540, para. 1). Two clarifications must be made at the outset. The procedure for relief from forfeiture resulting from the expiration of the time limit for appeal does not apply in the event of a challenge to the regularity of the service of the judgment , but the rejection of the application for relief from forfeiture of appeal does not prevent the Court of Appeal from examining the admissibility of the appeal . Decree No 2019-1419 of 20 December 2019 , whose provisions apply to all applications filed from 1 January 2020, amended Article 540, para. 2. Henceforth, the application for relief from forfeiture must be submitted to the president of the competent court to hear the opposition or appeal by way of a writ of summons, and no longer as in interim proceedings. The application is admissible until the expiration of a period of two months following the first act served in person or, failing that, following the first enforcement measure having the effect of rendering the debtor's assets unavailable in whole or in part (Art. 540, para. 3, CPC). The president's decision on the relief from forfeiture is not subject to appeal (Art. 540, para. 4). This provision, by its generality and absolute nature, applies to appeals to the Court of Cassation as to any other remedy . If the application is granted, the time limit for opposition or appeal runs from the date of the decision, unless the president reduces the time limit or orders that the summons be made for the day they set (Art. 540, para. 6). Finally, para. 6 provides, however, that, by exception to the preceding provisions, the right to review provided for in Article 19 of Regulation No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions, and cooperation in matters relating to maintenance obligations is exercised by way of appeal. Lastly, in non-contentious matters, when an interested party has not been able, without fault on their part, to exercise a remedy within the prescribed time limit against the decision, they may be relieved from forfeiture under the conditions set out in Article 540 (Art. 541 CPC).

Cass. 2e civ., 9 October 1991, LawLex202300011344JBJ.

Cass. 2e civ., 7 June 1989, LawLex202300011342JBJ.

Cass. 2e civ., 20 January 2011, LawLex202300011346JBJ.

Cass. 2e civ., 20 June 1984, LawLex202300011345JBJ.

Decree No 2019-1419 of 20 December 2019 regarding the expedited procedure on the merits before the Judicial Courts, OJ of 22 December 2019.

Cass. 2e civ., 8 October 1997, LawLex202300011343JBJ.

1. Ordinary Law of Civil Procedure

261. Time-limits for appeals and relief from forfeiture

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Les notions juridiques connexes

261. Time-limits for appeals and relief from forfeiture

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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