Raphaël MORENON
Service of documents by the judicial representative: national and international procedures
By Raphaël MORENON29 October 2025Legal document received? Understand official service in France! This simple guide explains the key procedures and the role of the commissaire de justice in protecting your rights.
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....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 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?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...Gross negligence and denial of justice: how to assert your rights?
Judicial agent of the State, Civil procedureA lost case file. A judgement handed down three years after the pleadings. A crucial expert report never ordered despite your repeated requests. These situations can constitute gross negligence or a denial of justice. The law then allows you to obtain compensation from the State. But you need to know the precise criteria and...Liability of judges and magistrates: when and how?
Judicial agent of the State, Civil procedureIn 2017, an investigating judge was reprimanded by the Conseil Supérieur de la Magistrature for serious malfunctions in the Outreau case. This rare decision illustrates the complex issue of the responsibility of judges. Our system distinguishes between the responsibility of the State and that of the judge himself. This distinction determines the...Pledges and collateral: major simplification of movable guarantees
Law of guarantees, security interests and enforcement measures, Security interests in movable propertyTransferable securities are an essential tool for companies financing their activities. Ordinance no. 2021-1192 of 15 September 2021 represents a genuine revolution. It unifies the pledge regime, eliminates texts scattered across several codes and clarifies the distinction between pledge and collateral. These changes will make it easier to...
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