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 one of the parties denies having written something attributed to them or declares not to recognize the one attributed to its author, the court verifies the contested document unless it can rule without considering it . If the contested document relates only to certain aspects of the claim, a decision can be made on the others (Art. 287, para. 1, CPC). In the case where the denial or refusal o …

Verification by the court

When one of the parties denies having written something attributed to them or declares not to recognize the one attributed to its author, the court verifies the contested document unless it can rule without considering it . If the contested document relates only to certain aspects of the claim, a decision can be made on the others (Art. 287, para. 1, CPC). In the case where the denial or refusal of recognition concerns a document or an electronic signature, the court must verify if the conditions established by Articles 1366  and 1367  of the Civil Code, relating to the validity of the electronic document or signature, are satisfied .

The court is required to verify handwriting based on the elements at its disposal after, if necessary, ordering the parties to produce all documents for comparison and having samples of handwriting composed under its dictation . In determining the comparison documents, the court may consider any useful documents from one of the parties, whether or not they were issued in connection with the disputed act (Art. 288, para. 2 CPC). When the electronic signature benefits from a presumption of reliability, it is up to the court to determine whether the elements at its disposal justify overturning this presumption (Art. 288-1 CPC).

If the court does not rule immediately, it must retain the document to be verified and the comparison documents, or order their deposit at the court registry (CPC, Art. 289). When it is useful to compare the contested document with documents held by third parties, the court may order, even ex officio and under penalty of a fine, that these documents be deposited at the court registry in original  or in reproduction  (Art. 290, para. 1 CPC). In this case, it is required to prescribe all necessary measures, particularly those related to the preservation, consultation, reproduction, restitution, or restoration of the documents (Art. 290, para. 2 CPC). If necessary, the court may order the personal appearance of the parties, possibly in the presence of a consultant, or any other investigative measure. It may also hear the alleged author of the contested document (Art. 291 CPC). When a specialist is called upon, they may be authorized by the court to withdraw the contested document and the comparison documents against a receipt or to have them sent by the court clerk (Art. 292 CPC). In this case, the verification of writing follows the rules governing investigative measures carried out by a specialist, particularly the adversarial principle, which allows the parties to attend the actual expert operations . Furthermore, those who have seen the writing or signing of the contested document or whose testimony appears useful for establishing the truth may be heard as witnesses (Art. 293 CPC).

It is the court's responsibility to resolve difficulties in the enforcement of the verification of writing, particularly regarding the determination of comparison documents. The decision may take the form of a simple note in the file or the hearing register, or, if necessary, an order or a judgment (Art. 294 CPC) .

When it is judged that the document was written or signed by the person who denied it, that person is fined a civil penalty of up to 10,000 EUR without prejudice to any damages that may be claimed (Art. 295 Code of Civil Procedure).

CPC, Art. 287, para. 1; Cass. 2e civ., 24 February 1993, LawLex202300006462JBJ, holding that the court is not required to resort to the procedure of verification of writing if it finds sufficient elements of conviction in the case; Cass. com., 18 March 2008, LawLex202300005743JBJ; Cass. 1re civ., 12 June 2012, LawLex202300006379JBJ; Cass. 1re civ., 26 November 2014, LawLex202300006416JBJ.

“An electronic document has the same probative value as a paper document, provided that the person from whom it originates can be duly identified and that it is created and stored under conditions that ensure its integrity.”

“The signature required for the perfection of a legal act identifies its author. It signifies their consent to the obligations arising from this act. When affixed by a public officer, it confers authenticity to the act.”

When it is electronic, it involves the use of a reliable identification process ensuring its connection with the document to which it is attached. The reliability of this process is presumed, until proven otherwise, when the electronic signature is created, the identity of the signatory is assured, and the integrity of the document is guaranteed, under conditions set by decree in the Council of State.

CPC, Art. 287, para. 2; Cass. 1re civ., 30 September 2010, LawLex202300006381JBJ; see, however, Cass. 1re civ., 7 October 2020, LawLex202200003478JBJ, considering that if the agency contract under which the sports agent exercises their activity can be established in electronic form, provided it bears an electronic signature, which constitutes one of the conditions of validity, the absence of such a signature can be remedied by voluntary performance of the contract with knowledge of the cause of invalidity, amounting to confirmation, when neither the identity of the email's author nor the integrity of its content is contested.

CPC, Art. 288, para. 1; Cass. 1re civ., 24 March 1998, LawLex202300006461JBJ; Cass. soc., 18 September 2007, LawLex202300006239JBJ; Cass. 1re civ., 20 February 2007, LawLex202300006415JBJ; Cass. 1re civ., 16 January 2007, LawLex202300006419JBJ; Cass. 1re civ., 25 June 2009, LawLex202300005782JBJ; Cass. com., 14 April 2015, LawLex202300006418JBJ; Cass. 1re civ., 19 September 2018, LawLex202300006414JBJ.

Cass. 1re civ., 17 January 2018, LawLex202300006443JBJ.

Cass. 1re civ., 6 October 1998, LawLex202300006251JBJ.

Cass. com., 9 March 1981, LawLex202300006555JBJ.

See contra, Cass. 1re civ., 25 March 1980, LawLex202300005902JBJ, considering that the court is not required to apply the provisions of Article 294 of the Code of Civil Procedure as long as, within the framework of a verification of writing procedure, the requesting party limited itself before the pre-trial judge to declaring that it did not recognize the writing or signature of several documents submitted by the opposing party as comparison exhibits, and did not make a request to the same judge or the judge responsible for overseeing the investigative measure to exclude the aforementioned documents from the list of comparison exhibits.

1. Ordinary Law of Civil Procedure

174. Verification by the court

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

174. Verification by the court

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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