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

When representation by a lawyer is not mandatory, the parties may choose to defend themselves (Art. 762, para. 1, CPC). They also have the option to be assisted or represented by a third party (Art. 762, para. 2, CPC):
- a lawyer;
- their spouse, their partner, or the person with whom they have entered into a civil solidarity pact;
- their parents or relatives in the direct line;
- their parents o …

Personal representation or by a third party

When representation by a lawyer is not mandatory, the parties may choose to defend themselves (Art. 762, para. 1, CPC). They also have the option to be assisted or represented by a third party (Art. 762, para. 2, CPC):

- their spouse, their partner, or the person with whom they have entered into a civil solidarity pact;

- their parents or relatives in the direct line;

- their parents or relatives up to and including those twice removed”(parents ou alliés en ligne collatérale jusqu'au troisième degré inclus);

- persons exclusively attached to their personal service or their undertaking.

The list of persons authorized to represent or assist a party before the Judicial Court, in the absence of mandatory representation, is exhaustive. Consequently, a judicial commissioner cannot represent a company before this jurisdiction . Furthermore, when a representative is not a lawyer, they must necessarily provide proof of a special power (Art. 762, in fine, CPC) .

Thus, a court cannot merely state that the claimant is represented at the hearing without verifying whether the representative had the required standing to ensure this representation . Similarly, the judge cannot dismiss the argument raising the lack of standing of a company's manager, holding a management mandate on behalf of a lessor, to represent the latter in court, when this manager was not authorized to do so .

Furthermore, the State, departments, regions, municipalities, and public institutions may be represented or assisted by a civil servant or an agent of their administration (Art. 761, para. 3, CPC). The Court of Cassation held that although the reform enacted by the law of 23 March 2019  aimed to extend the principle of mandatory representation by a lawyer, it did not restrict the ability of the State, regions, departments, municipalities, and their public institutions to be represented or assisted by a civil servant or an agent of their administration to only those cases where representation by a lawyer is not mandatory. This ability, autonomous in its implementation, also applies when representation by a lawyer is in principle mandatory, except in cases of specific provisions with a derogating nature . In such cases, the court is not required to ascertain ex officio whether the representative of the State, a municipality, or a public institution, with a special mandate, has the status of a civil servant or an agent of its administration .

Cass. 2e civ., 1 July 1981, LawLex202300013596JBJ.

Cass. 2e civ., 6 April 1995, LawLex202300007684JBJ.

Cass. 2e civ., 23 March 1995, LawLex202400009202JBJ.

Cass. 3e civ., 5 September 2012, LawLex202400009203JBJ.

Law No 2019-222 of 23 March 2019 on the 2018–2022 Programming and Justice Reform, Official Journal of 24 March 2019.

Cass. 2e civ., 18 February 2021, LawLex202200010364JBJ; Cass. 1re civ., 7 June 2023, LawLex202400009204JBJ.

Cass. 2e civ., 10 February 2005, LawLex202200010947JBJ.

2. Proceedings before the Judicial Court and the Commercial Court

35. Personal representation or by a third party

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35. Personal representation or by a third party

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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