Introduction

Subject-matter jurisdiction

Territorial jurisdiction

Extensions of jurisdiction

Jurisdiction

Initiation of the proceedings

Instructing counsel

Submissions

Registry

Rules common to all procedures

Ordinary contentious procedure

Non-contentious proceedings

Single-judge procedure

Fixed-date procedure

Written procedure

Ordinary procedure

Interim relief proceedings

Expedited trial on the merits

Oral proceedings

Ex parte proceedings (sur requête)

Referral procedure by decision of the criminal court

Specific procedures

Proceedings before the Judicial Court

Initiation of proceedings

Proceedings

General procedure

Interim orders

Orders on ex parte application

Expedited proceedings on the merits

Powers of the President

Proceedings before the Commercial Court

Proceedings before the Judicial Court and the Commercial Court

2. Proceedings before the Judicial Court and the Commercial Court

Non-contentious proceedings before the Judicial Court follow the provisions relating to non-contentious matters common to all courts. The court rules in non-contentious matters when, in the absence of a dispute, it is presented with an application that the law requires, due to the nature of the case or the status of the applicant, to be subject to its review (Art. 25 CPC). The application is made  …

Non-contentious proceedings before the Judicial Court follow the provisions relating to non-contentious matters common to all courts. The court rules in non-contentious matters when, in the absence of a dispute, it is presented with an application that the law requires, due to the nature of the case or the status of the applicant, to be subject to its review (Art. 25 CPC). The application is made by motion (Art. 60 CPC) and the court is seized by submitting the motion to the court registry (Art. 61 CPC).

In parallel, Articles 808 to 811 of the Code of Civil Procedure provide specific rules for non-contentious proceedings before the Judicial Court.

Article 808 of the Code of Civil Procedure states that “the application is made by a lawyer, or by a public or ministerial officer in cases where the latter is authorized by the provisions in force.” Non-contentious matters must also be disclosed to the Public Prosecutor's Office (Art. 809 CPC). A reporting judge is appointed by the president of the chamber seized or to which the case is assigned, who has, for the investigation of the case, the same powers as the court (Art. 810 CPC).

In accordance with the provisions of Article 26 of the Code of Civil Procedure, the court may base its decision in non-contentious matters on all facts related to the case submitted to it, including those not alleged. However, it cannot consider facts not alleged by the applicant without seeking the latter's explanations . Thus, if the court is duly seized and rules on the grounds invoked, it is not required to summon the applicant. Finally, the court may decide without proceedings (Art. 28 CPC), but if there are proceedings, the Public Prosecutor's Office is required to attend or provide its opinion (Art. 811 CPC).

Cass. 1re civ., 13 January 1993, LawLex202200005814JBJ.

2. Proceedings before the Judicial Court and the Commercial Court

65. Non-contentious proceedings

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

65. Non-contentious proceedings

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise