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 Public Prosecutor's Office is a hierarchical body of judges responsible for defending the interests of society and tasked with requesting the application of the law. It intervenes in civil or commercial proceedings to defend public policy. It represents others in cases determined by law (Art. 421, in fine, Code of Civil Procedure). When representing others, the Public Prosecutor's Office does  …

Definition

The Public Prosecutor's Office is a hierarchical body of judges responsible for defending the interests of society and tasked with requesting the application of the law. It intervenes in civil or commercial proceedings to defend public policy. It represents others in cases determined by law (Art. 421, in fine, Code of Civil Procedure). When representing others, the Public Prosecutor's Office does not exercise the action as the main party but as an agent of the person it represents.

The Public Prosecutor's Office may act as the main party or intervene as a joint party (Art. 421 CPC). In both cases, the adversarial principle must be respected. Thus, the parties must receive disclosure of its submissions and attached exhibits, as well as the opportunity to respond effectively . The written opinion by which it defers to the court, which has no influence on the resolution of the dispute and cannot be equated with submissions, is not subject to the obligation of disclosure . Furthermore, when the Public Prosecutor's Office presents oral submissions at the hearing, the parties must have the opportunity to reply, even after the close of the proceedings .

Cass. 1re civ., 23 January 2008, LawLex202200005778JBJ; Cass. com., 3 December 2013, LawLex202100001948JBJ; Cass. 1re civ., 25 September 2013, LawLex202300007356JBJ; Cass. com., 17 November 2015, LawLex202300007044JBJ; 25 November 2020, LawLex202300007289JBJ.

Cass. com., 1 April 2014, LawLex202300007220JBJ; Cass. 2e civ., 1 September 2016, LawLex202200005782JBJ.

Cass. com., 27 September 2017, LawLex202300007180JBJ.

1. Ordinary Law of Civil Procedure

191. Definition

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Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

191. Definition

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Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

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