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 determination of the place of notification  depends on the status of the recipient, whether a natural person or a legal entity.
In principle, if it is a natural person, notifications are made, pursuant to Article 689, para. 1, of the Code of Civil Procedure at the place where the recipient resides and, if it is a private legal entity or a public industrial or commercial establishment, pursuant …

The determination of the place of notification  depends on the status of the recipient, whether a natural person or a legal entity.

In principle, if it is a natural person, notifications are made, pursuant to Article 689, para. 1, of the Code of Civil Procedure at the place where the recipient resides and, if it is a private legal entity or a public industrial or commercial establishment, pursuant to Article 690, at the place of its establishment or, failing that, to one of its members authorized to receive them .

However, for natural persons, Article 689, para. 2, provides that when it is served in person, the notification is valid regardless of the place where it is delivered, including the workplace, with para. 3 adding that it is also validly served at the elected domicile when the law permits or requires it.

Furthermore, Decree No 2017-892 of 6 May 2017  added Article 689-1, which allows any party residing abroad to declare to the registry of the court seized, upon initiation of proceedings, that they elect domicile in France, in order to receive the dispatches, delivery, and notification of procedural documents, exhibits, notices, warnings or summonses, reports, and minutes, when the party has not appointed a person residing in France to represent them in court, the notification of the judgment provided for in Article 682, and the notification related to the exercise of a remedy. This declaration of election of domicile must be made by the parties themselves or by the person appointed to represent them in court. It takes effect with respect to the court from the time of the declaration made to the registry, and with respect to the other parties, from the notice given to them by the person electing domicile.

Furthermore, according to Article 691, notifications intended for the Public Prosecutor's Office and those that must be made to the public prosecutor are, depending on the case, addressed to the Public Prosecutor of the court before which the application is brought, to that of the court that ruled, or to that of the last known domicile, and if there is no public prosecutor's office near the court, the notification is made to the public prosecutor's office of the Judicial Court within whose jurisdiction that court is located. Finally, various provisions also concern, according to Article 692, public authorities and public institutions, or private legal entities, state administrations, local authorities, public administrative institutions, social security organizations, and other bodies responsible for managing an administrative public service, according to Article 692-1, para. 1.

Cass. 2e civ., 2 March 2023, LawLex202400005679JBJ.

Decree No 2017-892 of 6 May 2017 on various measures for the modernization and simplification of civil procedure, OJ of 10 May 2017.

1. Ordinary Law of Civil Procedure

290. Place of notification

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

290. Place of notification

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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