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

A judgment that orders an investigative or interim measure and rules on a part of the main dispute is called mixed. This is not the case for a judgment that, without deciding part of the main issue, merely declares the voluntary intervention of a third party admissible without ruling on the merits of the parties' respective claims , rejects a bar to proceedings based on the authority of res judica …

Mixed judgment

A judgment that orders an investigative or interim measure and rules on a part of the main dispute is called mixed. This is not the case for a judgment that, without deciding part of the main issue, merely declares the voluntary intervention of a third party admissible without ruling on the merits of the parties' respective claims , rejects a bar to proceedings based on the authority of res judicata without ending the proceedings, rejects applications for a stay of judgment and for additional expert assessment, and dismisses the two parties called in warranty , rules on the admissibility of the action and orders an expert assessment , or appoints an expert before ruling on the merits and states that the boundary marking was ordered at the expense of the municipality, which was to pay an advance .

The mixed nature of the judgment has several consequences. This judgment can be immediately appealed like one that decides the entire principal (Art. 544 CPC), the principal being understood as the subject matter of the dispute concerning each party. Unlike judgments on preliminary issues in the last instance, mixed judgments in the last instance can be appealed to the Court of Cassation like judgments that decide the entire principal in the last instance (Art. 606 CPC). However, the appeal cannot be directed against the sole part of the ruling that is not subject to immediate appeal. Judgments in the last instance that, ruling on a procedural objection, a bar to proceedings, or any other incident, terminate the proceedings (Art. 607 CPC) or the decision by which the Court of Appeal rules on jurisdiction without deciding on the merits of the dispute (Art. 607-1 CPC) can also be appealed to the Court of Cassation.

Cass. com., 15 December 2009, LawLex202300010511JBJ.

Cass. 3e civ., 24 May 2018, LawLex202300010510JBJ.

Cass. 1re civ., 24 October 2000, LawLex202300010489JBJ.

Cass. 3e civ., 31 October 2006, LawLex202300003766JBJ.

1. Ordinary Law of Civil Procedure

217. Mixed judgment

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Les notions juridiques connexes

217. Mixed judgment

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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