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

At the request of the parties or of its on motion, the court may, pursuant to Article 367 of the Code of Civil Procedure, order the joinder of several pending proceedings before it, provided there is a connection between them such that it is in the interest of proper justice to have them investigated or adjudicated together . It may also order the severance of a proceeding into several parts. The  …

Conditions

At the request of the parties or of its on motion, the court may, pursuant to Article 367 of the Code of Civil Procedure, order the joinder of several pending proceedings before it, provided there is a connection between them such that it is in the interest of proper justice to have them investigated or adjudicated together . It may also order the severance of a proceeding into several parts. The joinder or severance of proceedings constitutes a measure of judicial administration (Art. 368 CPC), which, as such, is not subject to any appeal . The court is not obliged to order a joinder of proceedings .

The joinder of proceedings, which concerns proceedings pending before the same court, must be distinguished from the connection (connexité) referred to in Article 101 of the Code of Civil Procedure. Relatedness involves two cases brought before two separate courts that have such a connection that it is appropriate to remove one court in favor of the other so that the cases are investigated and judged together. For some authors, the joinder of proceedings would be a form of connection insofar as their implementation is based on the same foundation: the existence of a connection such that it is in the interest of good justice to have them investigated and judged together. However, relatedness implies that the cases are brought before two different courts . Furthermore, while joinder requires the existence of a motivation based on identical grounds , it does not create a single procedure , but a single instance . The court cannot ignore the submissions filed by a party prior to the joinder , but cannot base its decision on the submissions filed in the proceeding it declares inadmissible . When faced with two appeals, it can validly uphold the inadmissibility of the first appeal and the admissibility of the second  or determine that the appeals filed against each of the two judgments were abusive and impose a fine on the appellants for each of these appeals . The joinder of proceedings does not, by itself, create legal links between all the parties involved . It also does not constitute an action interrupting the peremption .

On the indivisible nature of actions, Cass. com., 9 June 1987, LawLex202300014188JBJ, JCP 1987, IV, 285, which justifies the refusal to join proceedings due to the divisibility of the actions in question and the absence of risk of conflicting decisions.

Cass. com., 21 October 2004, LawLex202300008566JBJ.

Cass. 2e civ., 24 June 2004, LawLex202300008622JBJ.

Cass. 2e civ., 9 May 1985, LawLex202300008621JBJ.

Cass. 2e civ., 21 March 2013, LawLex202300012939JBJ.

Cass. soc., 20 March 1990, LawLex202300008564JBJ.

Cass. 1re civ., 4 March 1986, LawLex202300010520JBJ.

Cass. 3e civ., 20 October 1993, LawLex202300014187JBJ. Cf. however Cass. com., 26 January 2016, LawLex202100002145JBJ, which holds that the joinder of collective proceedings leading to the existence of a single procedure does not constitute a joinder of proceedings.

Cass. 2e civ., 17 May 2001, LawLex202300008570JBJ; 26 February 2003, LawLex202300008571JBJ; Cass. 2e civ., 26 October 2006, LawLex202300008565JBJ; 25 June 2015, LawLex202300014190JBJ.

Cass. 3e civ., 11 October 1989, LawLex202300014191JBJ.

Cass. 2e civ., 17 May 2001, LawLex202300008570JBJ; Cass. 3e civ., 26 February 2003, LawLex202300008571JBJ.

Cass. 3e civ., 23 May 2019, LawLex202300014195JBJ.

Cass. 3e civ., 25 October 2006, LawLex202300008620JBJ.

1. Ordinary Law of Civil Procedure

222. Conditions

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

222. Conditions

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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