Raphaël MORENON
Third parties in enforcement proceedings: roles, obligations and responsibilities of garnishees
By Raphaël MORENON19 September 2025Debt collection: banks, employers... find out about the strict obligations of the third parties involved. Secure your procedures and avoid the pitfalls!
Making your rights known: mastering the notification of procedural documents
Civil procedureReceiving a legal document, such as a summons to appear in court or the service of a judgement, is a step that is often fraught with anxiety. Similarly, when you initiate proceedings, it is absolutely essential to ensure that your opponent has been officially informed. This is where the notion of...The brokerage contract: understanding its role and how it works
Brokerage, Commercial, Business and Competition LawAre you looking to sell a property, find the best insurance for your business, or perhaps secure advantageous financing? In many situations, navigating the complexities of the market alone can be daunting. That's often where a broker comes in, an intermediary whose job is to...Can you take legal action? Conditions of admissibility in France
Civil procedureDo you feel that you have suffered an injustice, a loss or a violation of your rights? Naturally, you may be thinking of taking legal action to obtain compensation or put an end to a harmful situation. But the mere fact that you think you are "right" on the merits is not enough to guarantee that your case...Opposition in civil proceedings: what effect will it have on your dispute?
Opposition, Civil procedureWhen a judgment is handed down in your absence, the procedure offers you a specific remedy: opposition to a judgment. This allows the party who was unable to defend himself, known as the defaulting party, to request a new judgment in the case. However, this procedure, like the other ordinary legal remedies such as opposition, is...Sales agents, transport brokers, wine brokers... A look at other intermediaries
Brokerage, Commercial, Business and Competition LawHaving set out the basics of the brokerage contract in our first article, and then detailed the rules specific to well-known intermediaries in the property, insurance and banking sectors in the second, it's time to broaden our horizons. The world of intermediation is vast and populated by a variety of figures, each...Res judicata: when does a court decision prevent you from taking further action?
Civil procedureIn our previous article, we explored the fundamental principle of res judicata: the idea that a case decided by the courts should not, as a general rule, be tried again. It is a pillar of our legal system, ensuring stability and social peace. But what does this mean in practical terms for you?Opposition in civil matters: form and grounds
Opposition, Civil procedureYou have just received a judgement handed down in your absence. This is known as a default judgment. The law offers you a second chance: the opposition. This allows you to have the case heard by both parties again. However, this remedy is subject to strict rules of form and procedure...International brokerage: legal points to watch out for
Brokerage, Commercial, Business and Competition LawIn an increasingly open economic world, borders are becoming increasingly blurred. A French company can use a local broker to conquer the German market; a foreign investor can use an intermediary in France to find property opportunities; a private individual can use an intermediary in...Judicial time: not falling into the trap of procedural deadlines
Civil procedureIn legal matters, time is not an abstract concept. It is governed by precise rules and imperative deadlines known as procedural deadlines. Ignoring or disregarding these deadlines means running the considerable risk of seeing your rights evaporate, sometimes permanently. An action that is not launched...Recent reforms in civil procedure: changes for litigants
Opposition, Civil procedureFrench civil procedure has undergone profound change in recent years. Law no. 2019-222 of 23 March 2019 on programming 2018-2022 and reform for the justice system initiated a major upheaval. Decree no. 2019-1333 of 11 December 2019 then gave concrete form to this overhaul. These texts modify the structure...Enhanced ownership-security: trusts, assignment of receivables and new guarantees
Guarantees, securities and enforcement lawThe reform of security law strengthens property-based mechanisms. Ordinance 2021-1192 of 15 September 2021 extends their scope. These guarantees offer a decisive advantage: an exclusive right for the creditor, which is particularly effective in the event of insolvency proceedings. The security trust: greater flexibility and greater effectiveness The...Unreasonable delays in the courts: obtaining redress
Judicial agent of the State, Civil procedureIn France, where the average time taken to obtain a judgment in a civil case exceeds 12 months, and where some cases drag on for years, the question of the responsibility of the State and magistrates for these dysfunctions becomes crucial. These delays are not inevitable. The law recognises that...Understanding the principle of res judicata: why can't a case be retried indefinitely?
Civil procedureImagine: you've finally got a court decision after months, even years, of proceedings. A relief, no doubt. But one question remains: is this decision really the end of the story? Could your opponent relaunch the case from a different angle? Or, on the contrary...State liability for judicial malpractice: fundamental principles
Judicial agent of the State, Civil procedureA misplaced investigation file, a deliberation that drags on for two years, an expert report never ordered despite repeated requests... These situations are not simply a matter of annoyance but can constitute a real malfunction in the public justice service. Contrary to popular belief, the state is not immune...Focus on specialist brokers: real estate, insurance and banking
Brokerage, Commercial, Business and Competition LawIn our previous article, we explored the general rules governing brokerage contracts in France. While these basic principles apply to many intermediaries, certain sectors of activity are subject to much more specific and often more protective regulations for consumers or professional clients....The judicial officer: role and powers in seizure procedures
Guarantees, securities and enforcement lawWhen letters go unanswered and your debtor ignores your requests for payment, the bailiff becomes your indispensable ally. This legal professional has essential prerogatives for recovering sums owed. But how exactly does he act in seizure procedures and what are the limits of his powers?Enforceable title: the key to enforced debt collection
Guarantees, securities and enforcement lawRecovering a debt can sometimes be an obstacle course. When amicable attempts fail, the creditor must arm himself with an essential document: the writ of execution. Without it, it is impossible to initiate enforcement proceedings and force a recalcitrant debtor to honour his obligations. This fundamental requirement is enshrined in the...The outcome of the opposition and its consequences
Opposition, Civil procedureWhen a judgment is rendered by default, the opposition procedure allows the defaulting party to have the case retried. This procedure necessarily leads to an outcome that raises important practical questions for litigants. What happens to the initial decision? What are the effects of rejecting or admitting the opposition? What are the...The right to enforcement of judgments and deeds: foundations and limits
Guarantees, securities and enforcement lawWinning a case is only half the battle. Without effective enforcement of the decision obtained, the victory remains symbolic. The right to enforcement represents the bridge between a favourable decision and its actual implementation. A fundamental right enshrined in the ECHR The right to enforcement has...No-fault liability of the State: employees and third parties of the justice system
Judicial agent of the State, Civil procedureFrench law provides for two systems of strict liability in legal matters. One applies to employees of the public service. The other applies to third parties. These mechanisms complement the fault-based liability regime applicable to users. Liability towards public service employees The principle of professional risk...
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