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

Each party presents, in the submissions, its claims, whether in application or defense, by setting out the legal and factual grounds on which they are based. The submissions thus allow, along with the initiating document, to determine the subject matter of the dispute (Art. 4 CPC) .
The writ of summons generally constitutes the main submissions of the litigant initiating the proceedings (Art. 56 C …

Each party presents, in the submissions, its claims, whether in application or defense, by setting out the legal and factual grounds on which they are based. The submissions thus allow, along with the initiating document, to determine the subject matter of the dispute (Art. 4 CPC) .

The writ of summons generally constitutes the main submissions of the litigant initiating the proceedings (Art. 56 CPC). However, the subject matter of the dispute may be modified through incidental claims (Art. 68 CPC), such as a counterclaim (Art. 64 CPC), an additional claim (Art. 65 CPC), or through an intervention (Art. 66 CPC), provided that these claims are sufficiently connected to the original claims (Articles 4 and 70 CPC) . In this case, the document forming an incidental claim serves as submissions (Art. 69 CPC).

The defendant also has the option to file an incidental claim (Art. 63 to 70 CPC) and raise procedural objections, either to have the procedure declared irregular or extinguished, or to suspend its course (Art. 73 CPC). These objections must be raised simultaneously and before any defense on the merits or bar to proceedings, even when the invoked rules are mandatory public policy provisions (Art. 74 CPC). Subsequently, the defendant may submit on the merits in response to the plaintiff's claims (Art. 71 CPC).

The final submissions definitively setting the content of the proceedings, the court is seized of the claims and arguments expressly formulated therein .

Pursuant to Article 775 of the Code of Civil Procedure, proceedings before the Judicial Court are in principle written, unless otherwise provided. This rule applies de facto whenever the instruction of counsel is mandatory, as submissions must, in this case, be presented in the form of a written document , signed by the instructed counsel (Art. 766 CPC) . However, exceptions exist, notably when proceedings are initiated by a fixed-date writ of summons (Art. 844 CPC) or within the framework of an oral procedure, where the parties directly present their claims and supporting arguments at the hearing (Art. 446-1 CPC).

Furthermore, the submissions constitute a court action and, as such, interrupt the limitation period (Art. 2241 Civil Code) . They also produce an interruptive effect on peremption, as they represent a diligence of the parties within the proceedings (Art. 386 Code of Civil Procedure) , provided that they do not exclusively aim to interrupt the limitation period .

Finally, submissions are subject to specific rules regarding content, notification, and filing, which ensure their regularity and effectiveness in the conduct of proceedings.

Cass. 1re civ., 22 April 1981, LawLex202200005316JBJ.

Art. 70 of the Code of Civil Procedure nevertheless specifies that “the application for set-off is admissible even in the absence of such a link, except for the court to sever it if it risks excessively delaying the judgment on the whole.”

Cass. 2e civ., 14 October 2004, LawLex202400009364JBJ.

Regarding appeal submissions, but a solution applicable before the Judicial Court: Cass. 2e civ., 21 October 1971, LawLex202400002994JBJ: only the submissions filed and included in the case file should be ruled upon, not on verbal submissions.

The writ of summons that serves as submissions, provided for by Article 56 of the Code of Civil Procedure, does not require this signature.

Cass. 1re civ., 1 October 1996, LawLex202300000149JBJ.

Cass. 3e civ., 29 October 1979, LawLex202300013040JBJ: lapse of proceedings  (pérémption)  applies to submissions filed by a lawyer, even if the lawyer was not previously appointed in the proper form.

Cass. 3e civ., 28 February 1990, LawLex202400009449JBJ.

2. Proceedings before the Judicial Court and the Commercial Court

36. Submissions

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Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

36. Submissions

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Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise