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, in the course of the trial, the court does not have sufficient elements to make a ruling, it may order investigative measures to establish the reality and accuracy of the facts on which the dispute is based and on which the solution depends. In accordance with Article 10 of the Code of Civil Procedure, the court has the power to order ex officio all legally admissible investigative measures. If the legally admissible investigative measure is to provide the court with the necessary elements to rule, it must, however, be limited in time and scope, and also proportionate to the objective pursued . It is the court's responsibility to verify whether the ordered measure is necessary for the exercise of the applicant's right to evidence and proportionate to the conflicting interests involved . Furthermore, before any trial, if there is a legitimate reason to preserve or establish evidence of facts on which the resolution of a dispute may depend, these measures may be ordered at the request of any interested party, by application or in interim proceedings (Art. 145 CPC).

Without specifying what is meant by “investigative measures,” the legislator lists the categories they encompass: the judge's personal verifications (Articles 179 to 183 CPC), the personal appearance of the parties (Articles 184 to 198), third-party statements (Articles 199 to 231), and investigative measures carried out by a specialist (Articles 232 to 284-1). Investigative measures may be ordered at any stage of the proceedings (Article 144 CPC).

Cass. 2e civ., 16 May 2012, LawLex202300002117JBJ; 7 January 2016, LawLex202300003428JBJ; 5 January 2017, LawLex201700000069JBJ, for measures resembling a genuine civil search.

Cass. 2e civ., 25 March 2021, LawLex202300003306JBJ; 10 June 2021, LawLex202100003771JBJ; 24 March 2022, LawLex202200001796JBJ.

Principle

122. Principle