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

When the claim of forgery is raised before a jurisdiction other than the Judicial Court or the Court of Appeal, judgment must be stayed until the decision on the forgery, unless the contested document is excluded from the proceedings when a decision on the merits can be made without considering it (Art. 313, para. 1 CPC).
Regarding the procedure, the second paragraph of Article 313 refers to Artic …

Regime

When the claim of forgery is raised before a jurisdiction other than the Judicial Court or the Court of Appeal, judgment must be stayed until the decision on the forgery, unless the contested document is excluded from the proceedings when a decision on the merits can be made without considering it (Art. 313, para. 1 CPC).

Regarding the procedure, the second paragraph of Article 313 refers to Articles 314 to 316 of the Code of Civil Procedure, relating to the principal claim of forgery. The act of registration of forgery must be submitted to the court registry of the Judicial Court within one month of the decision to stay the judgment, failing which the incident is disregarded and the disputed act is deemed acknowledged between the parties.

When a claim of forgery against a document is filed before the Court of Cassation, it is governed by Articles 1028 to 1031 of the Code of Civil Procedure. It must be addressed to the first president (Art. 1028, para. 1 CPC). It must also be filed with the court registry and signed by a lawyer at the Council of State and the Court of Cassation if legal representation is mandatory in the case concerning which the claim is made (Art. 1028, para. 2 CPC). In accordance with Article 1029, the first president is called to rule after the opinion of the public prosecutor. He must issue an order of dismissal or an order authorizing the forgery proceedings. In case of dismissal, the claimant may be ordered to pay a civil fine under the conditions provided in Article 628 .

The order authorizing the claim of forgery must be served on the defendant within fifteen days, with a demand to declare whether they intend to use the document alleged to be forged.

A copy of the application and the order of the first president must be attached to this (Art. 1030 CPC). Furthermore, the defendant must serve the claimant, within a period of fifteen days, with notice of whether they intend to use the document alleged to be forged. In the first case, or if no response is given within the fifteen-day period, the first president refers the parties to the court he designates for a decision on the claim of forgery (Art. 1031 CPC). This provision derogates from Article 313 .

“The appellant in cassation who loses their appeal or whose appeal is not admitted may, in the case of an appeal deemed abusive, be ordered to pay a civil fine not exceeding EUR 10,000 and, within the same limits, to pay compensation to the respondent.”

Cass. 2e civ., 20 July 1988, LawLex202300005904JBJ.

1. Ordinary Law of Civil Procedure

180. Regime

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180. Regime

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