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

In accordance with Article 1385-4 of the Civil Code, the oath serves as evidence only in favor of the person who tendered it and their heirs and assigns, or against them.
When it is referred by one of the joint creditors to the debtor, it only releases the debtor for the share of that creditor. The oath referred to the principal debtor also releases the guarantors. The one referred to one of the j …

Effects with respect to third parties

The party to whom the oath is tendered and who refuses or does not wish to refer, or the party to whom it has been referred and who refuses, loses their claim (Art. 1385-2 Civil Code). Similarly, the party who has tendered or referred the oath can no longer retract when the other party has declared they are ready to take this oath. When the tendered or referred oath has been taken, the other party is not allowed to prove its falsehood (Art. 1385-3 Civil Code). Ultimately, the decisive oath necessarily has the effect of definitively and absolutely resolving the dispute, so that the court loses all power of assessment .

Cass. 3e civ., 22 February 1978, LawLex202300006421JBJ.

Effects with respect to the parties

In accordance with Article 1385-4 of the Civil Code, the oath serves as evidence only in favor of the person who tendered it and their heirs and assigns, or against them.

When it is referred by one of the joint creditors to the debtor, it only releases the debtor for the share of that creditor. The oath referred to the principal debtor also releases the guarantors. The one referred to one of the joint debtors benefits the co-debtors, and the one referred to the guarantor benefits the principal debtor. In these last two cases, the oath of the joint co-debtor or the guarantor only benefits the other co-debtors or the principal debtor when it has been referred to the debt, and not to the fact of solidarity or suretyship.

1. Ordinary Law of Civil Procedure

187. Effects with respect to third parties

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Les notions juridiques connexes

187. Effects with respect to third parties

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Les notions juridiques connexes

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