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

Caducité (lapse /expiration) is defined in Cornu's legal dictionary, as “the state of nullity to which an initially valid act is reduced due to the disappearance of one of its essential elements or because the condition on which its full effectiveness was suspended fails due to a subsequent event, whether this nullification occurs by operation of law solely due to the failure of the condition or a …

Conditions

Caducité (lapse /expiration) is defined in Cornu's legal dictionary, as “the state of nullity to which an initially valid act is reduced due to the disappearance of one of its essential elements or because the condition on which its full effectiveness was suspended fails due to a subsequent event, whether this nullification occurs by operation of law solely due to the failure of the condition or as a sanction for negligence, when it was incumbent upon the party concerned to fulfill this condition, but sometimes, in the latter case, by means of a court decision”.

Pursuant to Article 406 of the Code of Civil Procedure, “the summons is void in the cases and conditions determined by law.” This is the case if the Judicial Court is not seized by filing a copy of the writ of summons with the court registry within fifteen days before the hearing date (Art. 754 CPC), if the claimant fails to appear (Art. 468 CPC), or if a party fails to perform procedural acts within the required time limits after having appeared (Art. 469 CPC). Article 407 specifies that “the decision declaring the lapse of the summons may be set aside, in case of error, by the judge who rendered it.” This power is only recognized when the decision was made without the claimant's knowledge . The Court of Cassation considers that in the event of the lapse of the summons due to the claimant's failure to appear, the declaration of lapse may be set aside by the judge who pronounced it, under the conditions provided by Article 468 of the Code of Civil Procedure, so that an appeal can only be lodged against the judge's decision refusing to retract their initial decision, even if it is tainted by an abuse of power . Furthermore, an incidental appeal, even if lodged within the time limit for acting as the principal, cannot be admitted in the event of the lapse of the principal appeal . However, the lapse of a command equivalent to a real estate seizure, which nullifies the enforcement measure, does not affect the provision of the judgment ruling on the claim, which has not lost its legal basis .

Cass. 2e civ., 10 December 2020, LawLex202300008021JBJ.

Cass. 2e civ., 28 June 2012, LawLex202300007986JBJ; 20 April 2017, LawLex202300007733JBJ,

Cass. 2e civ., 13 May 2015, LawLex202300010731JBJ.

Cass. 2e civ., 2 June 2016, LawLex202300010729JBJ.

1. Ordinary Law of Civil Procedure

230. Conditions

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

230. Conditions

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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