Third-party opposition is an extraordinary legal remedy with complex ramifications. Article 585 of the Code of Civil Procedure opens up a wide range of possibilities, yet it must be adapted to the specific nature of each legal matter. This adaptation is necessary. The issues at stake differ depending on whether we are talking about personal status, collective proceedings or divorce.
1. Adapting third-party proceedings to various legal matters
The general principle is simple: " all judgments are subject to third-party proceedings unless otherwise provided by law "(art. 585 CPC). However, this liberal approach comes up against the specific features of certain types of litigation.
The conditions under which third-party proceedings may be brought vary from one area of law to another. The Civil Code for personal status, the Commercial Code for collective proceedings, and various special provisions modulate its application.
There is a tension between the protection of third parties and legal certainty. This explains why third-party opposition is adapted to each subject, sometimes by broadening its conditions, sometimes by drastically restricting them.
2. Third-party proceedings in matters of personal status
Parentage: a special kind of openness
In matters of filiation, article 324 of the Civil Code significantly extends the scope of third-party proceedings. This provision states that " judgments in matters of filiation may be set up against persons who were not parties to them. They have the right to lodge third-party proceedings within the time limit mentioned in article 321 if the action was open to them." .
This extension departs from the usual rules. It allows persons who were not parties to the proceedings to challenge the judgment. One condition remains, however: the action must be open to them. This condition refers back to the rules governing designated actions in matters of filiation.
Adoption: restricted to cases of fraud or deceit
In the case of adoption, article 353-2 of the Civil Code restricts third-party proceedings to cases of fraud or deceit. Case law confirms that " third-party proceedings against an adoption judgment are admissible in the event of fraud or deceit attributable to the adopters "(Civ. 1st, 13 June 2019, no. 18-19.100).
The purpose of this limitation is to protect the adoption that has been granted. The stability of the child's status takes precedence over the interests of third parties. Only fraudulent behaviour justifies the use of this remedy.
Nationality: a path expressly opened up
Article 29-5, paragraph 2 of the Civil Code provides that judgments handed down in nationality matters may be appealed by third parties. This special provision confirms that this remedy is available in a matter of public policy.
3. Third-party proceedings in insolvency proceedings
Special provisions of the Commercial Code
The law governing companies in difficulty establishes a special system of third-party proceedings. Articles L. 661-2 and L. 661-3 of the French Commercial Code provide for such third-party proceedings:
- Decisions to initiate proceedings
- Extension decisions
- Decisions approving or amending plans
These texts restrict access to this remedy to certain precisely identified persons. For example, only "the debtor, the pursuing creditor and the public prosecutor". may lodge a third party objection against a decision to open the procedure.
Strict formalities and reduced deadlines
Article R. 661-2 of the French Commercial Code imposes specific formalities. Third-party objections must be filed by declaration with the court registry within ten days of the decision being handed down or published.
This shorter time limit and strict formalism are explained by the need to secure collective proceedings quickly. The Court of Cassation applies these rules strictly, ruling that a third party opposition filed by registered letter is inadmissible (Com. 17 Feb 2021, no. 19-16.470).
Admissibility subject to the creditor's own arguments
Case law has specified that a creditor is only entitled to lodge a third party objection to a judgment approving a plan in two cases:
- If the judgment was given in fraud of his rights
- If he invokes a plea of his own
The concept of "proper plea" has been clarified by the Cour de cassation: it refers to a plea that is "proper". relating to a creditor's personal circumstances "and who " may not seek to contest an effect inherent in the proceedings, nor be common to all creditors "(Com. 16 June 2021, no. 19-25.153).
4. Other notable applications
Divorce and property consequences
In divorce cases, case law generally closes the door to third-party proceedings. As divorce proceedings are reserved for the spouses, third parties do not have standing to bring proceedings.
There is, however, one exception. The Cour de cassation allows third-party proceedings against the property consequences of a divorce decree (Civ. 1re, 5 Nov. 2008, no. 06-21.256). This solution protects creditors whose rights may be affected by the property settlement between spouses.
Arbitration and exequatur
In arbitration, Article 1501 of the Code of Civil Procedure provides that an arbitration award may be challenged before the court that would have had jurisdiction in the absence of arbitration.
An important development in case law concerns third-party proceedings against a judgment granting exequatur to a foreign arbitration award. The Cour de cassation now accepts this possibility, specifying that it is a question of " a right of appeal under ordinary law not against the arbitration award, but against the exequatur decision alone "(Civ. 1st, 26 May 2021, no. 19-23.996).
Special cases
Other specific applications are worth mentioning:
- Challenging lawyers' fees third-party proceedings are closed, as the provisions of decree no. 91-1197 reserve this action for lawyers and their clients.
- Joint and several guarantee In a reversal of case law, the Court of Cassation ruled that a joint and several guarantor may lodge third-party proceedings against an award determining the amount of the principal debtor's debt (Com. 5 May 2015, no. 14-16.644).
- Company shareholders Case law: case law now allows a partner to lodge third-party proceedings against a judgment to which his company has been a party if he alleges fraud against his rights or a plea specific to him, regardless of the form of the company.
These many adaptations demonstrate the flexibility of third-party proceedings. However, the subject requires a detailed analysis of special legislation and case law. A specialist lawyer is essential to help you navigate the procedural maze and assess whether it is appropriate to use this legal remedy. Do not hesitate to consult our firm to assess your chances of success if you feel that a court decision has infringed your rights even though you were not a party to it.
Sources
- Code of Civil Procedure, articles 582 to 592, 1501
- Civil Code, articles 29-5, 324, 353-2
- French Commercial Code, articles L. 661-2, L. 661-3, R. 661-2
- Civ. 1st, 13 June 2019, no. 18-19.100
- Civ. 1st, 26 May 2021, no. 19-23.996
- Civ. 1st, 5 Nov. 2008, no. 06-21.256
- Com. 16 June 2021, no. 19-25.153
- Com. 17 Feb. 2021, no. 19-16.470
- Com. 5 May 2015, no. 14-16.644
- DEHARO G., "Tierce opposition", Répertoire de procédure civile, Dalloz, 2023
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