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 court clerk keeps a hearing register in which, pursuant to Article 728 of the Code of Civil Procedure, for each hearing:
- the date of the hearing;
- the names of the judges and the court clerk;
- the names of the parties and the nature of the case;
- the indication of the parties appearing themselves in matters where representation is not mandatory;
- the names of the persons representing or  …

Register

The court clerk keeps a hearing register in which, pursuant to Article 728 of the Code of Civil Procedure, for each hearing:

- the names of the judges and the court clerk;

- the names of the parties and the nature of the case;

- the indication of the parties appearing themselves in matters where representation is not mandatory;

- the names of the persons representing or assisting the parties at the hearing;

- the public nature or otherwise of the hearing, the incidents during the hearing, and the decisions made regarding these incidents;

It is signed, after each hearing, by the president and the court clerk. The practical interest of such a document results notably from Article 459, according to which this register constitutes one of the elements allowing to establish that legal requirements have been observed in case of a challenge regarding the regularity of the judgment due to an omission or inaccuracy of a mention . Thus, the omission of a mention intended to establish the regularity of a judgment cannot lead to its invalidity if it is established by the hearing register that the legal requirements have indeed been observed . In the case of an oral procedure, a hearing report is drafted.

Cass. 2e civ., 20 October 2005, LawLex202400003199JBJ; Cass. 1re civ., 21 November 2000, LawLex202400003200JBJ, which holds that a clerical error concerning the name of the court clerk assisting the president during the delivery of the judgment can be corrected by verifying the identity of this clerk in the hearing register.

Cass. 2e civ., 3 October 2002, LawLex202400003201JBJ.

1. Ordinary Law of Civil Procedure

202. Register

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202. Register

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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