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

According to Article 269 of the Code of Civil Procedure, the court that orders the expert assessment or the court responsible for oversight is required to set, at the time of the expert's appointment or as soon as it is able to do so, the amount of an advance as close as possible to the foreseeable final remuneration, to be credited against the latter. The court must designate the party or parties …

Determination by the court

According to Article 269 of the Code of Civil Procedure, the court that orders the expert assessment or the court responsible for oversight is required to set, at the time of the expert's appointment or as soon as it is able to do so, the amount of an advance as close as possible to the foreseeable final remuneration, to be credited against the latter. The court must designate the party or parties that must deposit the advance with the court registry within the time limit it determines. In the case of multiple designated parties, the court must specify the proportion each must deposit. It is up to the court to arrange, if necessary, the deadlines that may accompany the deposit.

The filing of the expert's report must be accompanied by their request for remuneration, a copy of which is sent to the parties by any means that allows for proof of receipt (Art. 282, para. 5 CPC). If necessary, the parties send their written observations on this request to the expert and the court or, where applicable, to the judge responsible for overseeing the investigative measures, within fifteen days of receipt (Art. 282, para. 2 CPC). After this period, the judge is required to set the expert's remuneration based on, among other things, the diligence exercised, compliance with the deadlines, and the quality of the work provided . The judge authorizes the expert to receive up to the amount deposited with the court registry. The judge orders, as the case may be, either the payment of additional amounts owed to the expert, indicating the party or parties responsible for payment, or the return of any excess amounts deposited (Art. 284, para. 2, CPC). When the judge considers setting the expert's remuneration at an amount lower than requested, they must first invite the expert to submit their observations (Art. 284, para. 3).

CPC, Art. 284, para. 1; Cass. 2e civ., 24 March 2005, LawLex202300005245JBJ.

1. Ordinary Law of Civil Procedure

171. Determination by the court

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

171. Determination by the court

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise