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 1369 of the Civil Code, an authentic instrument corresponds to any document that has been accepted according to the proper formalities, by a public officer with the competence and authority to execute it . It may be drawn up in electronic form. When received by a notary, it is exempt from any handwritten mention required by law. It serves as evidence until a claim of for …

Principle

In accordance with Article 1369 of the Civil Code, an authentic instrument corresponds to any document that has been accepted according to the proper formalities, by a public officer with the competence and authority to execute it . It may be drawn up in electronic form. When received by a notary, it is exempt from any handwritten mention required by law. It serves as evidence until a claim of forgery is registered for what the public officer states to have personally performed or observed (Art. 1371, para. 1, Civil Code).

The challenge to an authentic instrument refers to the forgery proceedings provided for in Articles 303 to 316 of the Code of Civil Procedure. This gives rise to disclosure to the Public Prosecutor's Office (Art. 303 CPC). It is incumbent upon the party alleging forgery against an authentic instrument to establish the inaccuracy of the disputed statements it contains . The court may order the hearing of the person who drew up the disputed instrument (Art. 304 CPC). In the event of a forgery claim, the court may suspend the execution of the instrument (Art. 1371, para. 2, Civil Code). The claimant in forgery who fails is liable to a civil fine of up to 10,000 EUR without prejudice to any damages that may be claimed (Art. 305 CPC).

Do not constitute authentic instruments: a draft liquidation statement of community property since it was not executed in notarial form, so it does not fall within the scope of forgery proceedings against authentic instruments (Cass. 1re civ., 12 July 2006, LawLex202300006579JBJ); a judicial expert report (Cass. 1re civ., 19 January 1999, LawLex202300005974JBJ).

Cass. 1re civ., 19 December 2006, LawLex202300006301JBJ.

1. Ordinary Law of Civil Procedure

178. Principle

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Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

178. Principle

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Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

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