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

To declare an action admissible, case law requires that the interest in bringing proceedings be direct and personal . In other words, a litigant can only bring proceedings to enforce their own interests . Compliance with this condition sometimes raises difficulties regarding groups, particularly in distinguishing the various interests involved . Thus, to declare admissible the action of an associa …

Personal and direct interest

To declare an action admissible, case law requires that the interest in bringing proceedings be direct and personal . In other words, a litigant can only bring proceedings to enforce their own interests . Compliance with this condition sometimes raises difficulties regarding groups, particularly in distinguishing the various interests involved . Thus, to declare admissible the action of an association of lot owners in a subdivision, whose purpose is to ensure compliance with the provisions of the specifications, the Third Civil Chamber of the Court of Cassation held that the trial courts must determine whether it has suffered, due to the alleged violation of the provisions of the specifications, a collective, direct, and personal harm, distinct from the individual damages of each of its members .

Cass. 3e civ., 11 May 2006, LawLex202200009095JBJ, for a company; Cass. com., 23 January 2007, No 05-13.189, LawLex202300000869JBJ, for a competing company; 28 January 2014, LawLex202100005565JBJ, for a shareholder; Cass. 1re civ., 10 October 2018, No 15-26.093, LawLex202000001661JBJ, for persons with breast implants; Cass. soc., 4 November 2020, No 19-10.626, LawLex202300000870JBJ, for a works council.

Cass. com., 14 January 2003, No 01-10.642, LawLex202200009148JBJ.

Cass. 2e civ., 25 June 1998, No 96-10.397, LawLex202200005975JBJ, for an association fighting against alcoholism that suffers a direct and personal injury solely due to illegal advertising in favor of alcohol; Cass. com., 28 June 2005, No 03-13.112, LawLex202200006860JBJ, for partners suffering a distinct injury from that of the company resulting from the overvaluation of contributions by one of them; Paris, 25 September 2007 – No 06/11998, LawLex202200009147JBJ, for a partner of an SCI whose social losses constitute only a collective injury of the company; Cass. com., 29 September 2015, No 13-27.587, LawLex201500001189JBJ, for a partner whose financial injury resulting from the loss of the share capital he contributed is only a fraction of the collective injury suffered by all creditors; Cass. 1re civ., 3 February 2016, No 14-25.695, LawLex202100002951JBJ, for a company director whose depreciation of the business assets following the judicial liquidation of the company is only a fraction of the collective injury suffered by all creditors.

Cass. 3e civ., 4 November 2004, No 03-11.377, LawLex202200005978JBJ.

1. Ordinary Law of Civil Procedure

49. Personal and direct interest

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49. Personal and direct interest

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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