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 appeal enshrines the principle of dual level of jurisdiction. According to Article 542 of the Code of Civil Procedure, the appeal aims, through the critique of the judgment rendered by a first-level court, at its reformation or annulment by the Court of Appeal. This reference to the critique of the judgment stems from Decree No 2017-891 of 6 May 2017 concerning pleas for lack to jurisdiction a …

Two levels of jurisdiction

The appeal enshrines the principle of dual level of jurisdiction. According to Article 542 of the Code of Civil Procedure, the appeal aims, through the critique of the judgment rendered by a first-level court, at its reformation or annulment by the Court of Appeal. This reference to the critique of the judgment stems from Decree No 2017-891 of 6 May 2017 concerning pleas for lack to jurisdiction and appeals in civil matters . The specific provisions on appeal distinguish the right to appeal (Articles 543 to 560 CPC) from its effects (Articles 561 to 568 CPC).

The appeal procedure has undergone two significant reforms in less than ten years. The first, initiated by the decree of 6 May 2017, notably abolished the general appeal and required that the notice of appeal specify, on pain of invalidity, the parts of the judgment being challenged. It expanded the expedited appeal procedure and modified the time limits for filing submissions. The second reform results from Decree No 2023-1391 of 29 December 2023 simplifying the civil appeal procedure. The text particularly establishes the possibility of adding an annex to the notice of appeal, extends the time for submissions (two months instead of one) and for serving the notice of appeal (20 days instead of 10), and relaxes the devolutive effect by allowing the principal appellant to mention in their initial submissions one or more missing parts of the judgment's operative provisions criticized in their notice of appeal.

Decree No 2017-891 of 6 May 2017 on pleas of lack of jurisdiction and appeals in civil matters, OJ of 10 May 2017.

1. Ordinary Law of Civil Procedure

262. Two levels of jurisdiction

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Sous parties

Les notions juridiques connexes

262. Two levels of jurisdiction

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Sous parties

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise