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

As a corollary to the principle of adversarial proceedings, the public nature of proceedings constitutes a fundamental principle traditionally recognized in French law. According to the European Court of Human Rights , the principle of public proceedings holds a prominent place as the transparency it provides to justice ensures the right to a fair trial. The Council of State has classified it as a …

Principle of public nature of proceedings

As a corollary to the principle of adversarial proceedings, the public nature of proceedings constitutes a fundamental principle traditionally recognized in French law. According to the European Court of Human Rights , the principle of public proceedings holds a prominent place as the transparency it provides to justice ensures the right to a fair trial. The Council of State has classified it as a general principle of law  and the Court of Cassation as a mandatory public policy provision . The principle of public proceedings also holds an essential character in international and European law. Thus, Articles 10 of the Universal Declaration of Human Rights, 14, paragraph 1, of the International Covenant on Civil and Political Rights, and 6-1 of the Convention for the Protection of Human Rights and Fundamental Freedoms , enshrine the principle of public proceedings as a fundamental principle.

The principle of the public nature of proceedings is among the guiding principles of civil proceedings (Art. 22 CPC). It is mentioned in Article 433, para. 1, of the Code of Civil Procedure, which states that “proceedings are public except in cases where the law requires them to be held in chambers,” as well as in Article 11-1, para. 1, of Law No 72-626 of 5 July 1972, establishing an enforcement judge and relating to the reform of civil procedure. Article 433, para. 2, of the Code of Civil Procedure specifies that “what is provided in this regard at first instance must be observed on appeal, unless otherwise provided.”

The public nature of proceedings requires that the public be allowed to attend hearings. If they are not actually present, the hearings must still be held with open doors. However, the legislator reserves cases where proceedings will take place in chambers, particularly to preserve respect for private and family life. Thus, Article 248 of the Civil Code provides that “proceedings on the cause, the consequences of divorce, and interim measures are not public.” Also concerned, apart from disputes involving individuals, are those concerning confidential elements in business life. In its wording resulting from Law No 2019-222 of 23 March 2019, Article 11-1, para. 2, of Law No 72-626 of 5 July 1972 provides that, “without prejudice to the application of other legislative provisions, and except before the Court of Cassation, they are nevertheless held in chambers (...) in matters involving business secrecy under the conditions provided for in 3° of Article L. 153-1 of the Commercial Code (4°).” Beyond the exceptions it sets out, the text ultimately provides that “the court may also decide that the proceedings will take place or continue in chambers if their publicity would result in an invasion of privacy, or if all parties request it, or if disturbances arise that could disrupt the serenity of justice.”

Failure to comply with the rules relating to the principle of the public nature of proceedings and its exceptions (Art. 432, para. 2, 433, 434, 435, and 444, para. 2, CPC) is, pursuant to Article 446 of the Code of Civil Procedure, sanctioned by invalidity, which must be invoked before the closure of proceedings  and cannot be raised ex officio. In other words, the invalidity arising from the absence of public proceedings cannot be raised subsequently .

ECHR, 8 December 1983, No 7989/77, Pretto v. Italy.

Cons. d'Et., ass., 4 October 1974, 88930, LawLex202200009764JBJL.

Cass. 2e civ., 24 February 2000, No 98-22.395, LawLex202200008570JBJ.

ECHR, Le Compte, Van Leuven and De Meyere v. Belgium, 23 June 1981, No 6878/75, LawLex202200007222JBJ.

Cass. 2e civ., 21 October 2004, LawLex202300007894JBJ.

Cass. 2e civ., 27 May 2004, LawLex202300007631JBJ; Cass. com., 23 March 1999, LawLex200200002537JBJ. See however Cass. 2e civ., 20 November 1991, LawLex202300007632JBJ.

1. Ordinary Law of Civil Procedure

189. Principle of public nature of proceedings

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

189. Principle of public nature of proceedings

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise