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

Notification, under Article 651 of the Code of Civil Procedure, is the formality by which an extrajudicial act, a judicial act, or a judgment is brought to the attention of an interested person. This is essential to the procedure, as it allows the act to become enforceable and binding on the interested person, as well as to start the procedural time limits.
Notification may take place by registere …

Notification, under Article 651 of the Code of Civil Procedure, is the formality by which an extrajudicial act, a judicial act, or a judgment is brought to the attention of an interested person. This is essential to the procedure, as it allows the act to become enforceable and binding on the interested person, as well as to start the procedural time limits.

Notification may take place by registered letter or by service (signification).

If the legislator has provided specific rules for the notification of judgments (Art. 675 to 682 CPC) and international notifications (Art. 683 to 688-8 CPC), as well as a specific regime for the notification of documents in the ordinary form (Art. 665 to 670-3 CPC) or between lawyers (Art. 671 to 673 CPC), paragraph 3 of Article 651 provides that notification can always be made by way of service, even if the law provides for it to take place in another form, as long as it reduces the uncertainties of notification by registered letter.

Article 652 further specifies that in the event of representation of a party in court, documents must be served on the representative, subject to the specific rules for the service of judgments.

1. Ordinary Law of Civil Procedure

283. Notification

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Sous parties

Les notions juridiques connexes

283. Notification

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Sous parties

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise