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 Code of Civil Procedure devotes a section to the rules applicable to judgments on the merits, among which it is necessary to distinguish between common provisions (Art. 480 and 481 CPC) and those specific to judgments in expedited procedure on the merits (Art. 481-1 CPC).
A judgment on the merits is defined as one that resolves, in its operative part, all or part of the main issue, or rules on …

Judgment on the merits or provisional (interlocutory) judgment (avant dire droit)

The Code of Civil Procedure devotes a section to the rules applicable to judgments on the merits, among which it is necessary to distinguish between common provisions (Art. 480 and 481 CPC) and those specific to judgments in expedited procedure on the merits (Art. 481-1 CPC).

A judgment on the merits is defined as one that resolves, in its operative part, all or part of the main issue, or rules on a procedural objection, a bar to proceedings, or any other incident, with the main issue understood as the subject matter of the dispute as determined by Article 4. It holds this status because, upon its pronouncement, it has the authority of res judicata (Art. 480 CPC) and results in the court being divested of the dispute it resolves (Art. 481, para. 1, CPC) . Thus, the rule of divestment prevents a Court of Appeal, which, by a previous judgment rendered in the same case and between the same parties, has resolved the dispute concerning the compensation for personal injuries of the litigant, from ruling again on the loss of amenity . However, the rule of divestment has two exceptions. First, the court has the power to retract its decision in the event of opposition, third-party opposition, or application for judicial review (Art. 481, para. 2, CPC). Second, it may, pursuant to Articles 461 to 464, interpret or correct its decision (Art. 481, para. 3, CPC). Finally, it may decide to set aside its judgment following an error not attributable to the parties .

Unlike a judgment on the merits, a provisional (or interlocutory) judgment is limited, in its operative part, to ordering an investigative measure or a provisional measure. Thus, it does not have, in the main, the authority of res judicata (Art. 482 CPC) and does not divest the court (Art. 483 CPC) . Moreover, judgments that do not resolve the merits of the dispute and do not terminate the proceedings cannot be immediately appealed . Therefore, except in cases specified by law, provisional judgments can only be appealed independently of judgments on the merits if they resolve part of the main issue in their operative part (Art. 545 CPC) . Consequently, the appeal of a provisional judgment must be declared concurrently with that of the judgment on the merits, within the same act or two acts on the same day . A party to proceedings may, however, file an appeal exclusively against a provisional judgment when another party has appealed the judgment on the merits in the same proceedings, with both appeals to be judged together . In all cases, the appeal of the provisional judgment is admissible only if the appeal of the judgment on the merits is itself admissible . Among the cases specified by law that allow for an immediate appeal against a provisional decision are Article 272, paragraph 1, of the Code of Civil Procedure, which states that “the decision ordering an expert assessment may be appealed independently of the judgment on the merits with the authorization of the first president of the court of appeal if a serious and legitimate reason is justified” , as well as Article 380, paragraph 1, which provides that “the decision to stay proceedings may be appealed with the authorization of the first president of the court of appeal if a serious and legitimate reason is justified” . Finally, provisional judgments in the last resort cannot be appealed to the Court of Cassation independently of judgments on the merits, except in cases specified by law (Art. 608 CPC). However, an exception can be made to the rule excluding the filing of an appeal or introducing an appeal to the Court of Cassation against a provisional judgment independently of the judgment on the merits in cases of abuse of power .

Cass. soc., 29 October 1986, LawLex202300010435JBJ; Cass. 2e civ., 27 January 1988, LawLex202300010431JBJ; Cass. com., 21 January 1992, LawLex202200010052JBJ; Cass. 2e civ., 22 April 1992, LawLex202300008231JBJ; 9 July 2009, LawLex202300010437JBJ; 27 March 2014, LawLex202300010423JBJ; 5 October 2017, LawLex202300010436JBJ.

Cass. 2e civ., 21 April 2005, LawLex202300008385JBJ.

Cass. soc., 13 February 2003, LawLex202300010491JBJ.

Cass. soc., 27 January 1999, LawLex202300001303JBJ; Cass. ch. mixte, 28 January 2005, No 02-19.153, LawLex202100001142JBJ; Cass. soc., 14 June 2005, LawLex202300010495JBJ; Cass. 1re civ., 29 February 2012, LawLex202300010498JBJ.

Cass. 3e civ., 23 September 2014, LawLex202300010438JBJ.

Cass. 3e civ., 5 March 2008, LawLex202300010508JBJ.

Cass. soc., 27 February 2013, LawLex202200009572JBJ.

Cass. com., 10 May 2005, LawLex202300010493JBJ.

Cass. 2e civ., 5 April 2001, LawLex202300010490JBJ; 17 October 2013, LawLex202300010504JBJ.

Cass. 2e civ., 2 December 2010, LawLex202300010499JBJ.

Cass. 2e civ., 26 January 1994, LawLex202200010956JBJ.

Cass. 2eciv., 17 October 2013, LawLex202300010504JBJ, which specifies that the service document must recall the provisions of Article 272 on the procedures and time limits for immediate appeal.

1. Ordinary Law of Civil Procedure

216. Judgment on the merits or provisional (interlocutory) judgment (avant dire droit)

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

216. Judgment on the merits or provisional (interlocutory) judgment (avant dire droit)

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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