Raphaël MORENON

Judicial agent of the State, Civil procedure

A 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...

Judicial agent of the State, Civil procedure

In 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...

Judicial agent of the State, Civil procedure

You've gathered your evidence, built a solid case, and you're convinced that you're in the right... but the game is far from won. Even before the judge examines the merits of your case, a formidable procedural hurdle can wipe out all your efforts: inadmissibility. An application deemed...

Law of guarantees, security interests and enforcement measures, Security interests in movable property

Transferable 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...

Guarantees, securities and enforcement law

The reform of the law on sureties radically modernises the formalities involved. Ordinance 2021-1192 of 15 September 2021 incorporates digital tools. These changes meet the needs of a digitalised economy. The end of handwritten formalities for surety bonds The protective formalities for surety bonds remain in place, but are changing. Article 2297 of the Civil Code...

Law of guarantees, security interests and enforcement measures, Security interests in movable property

Seizures of property, as we have already seen, are designed to freeze assets. Sometimes, however, the aim is not to prevent the debtor from using his assets, but rather to secure priority over a valuable asset should it be sold. A creditor may wish to secure his claim on the property...

Law of guarantees, securities and enforcement measures, Seizure of assets

Have you discovered that your bank account has been seized, your car immobilised as a precautionary measure, or that a legal mortgage has been registered on your house, without you even having been informed? This situation can be a source of concern, and even a feeling of injustice, especially if...

Law of guarantees, securities and enforcement measures, Seizure of assets

In our previous article, we explored precautionary measures, essential legal tools for protecting your debts when their recovery is threatened. Preventive attachment is undoubtedly the most direct way of 'freezing' your debtor's assets before they disappear. It is a preventive action...

Law of guarantees, security interests and enforcement measures, Security interests in immovable property

The reform of the law on security interests introduced by Order no. 2021-1192 of 15 September 2021 has radically altered the landscape of property security interests. Special real estate liens will be replaced by legal mortgages. The aim of this overhaul is to simplify and modernise a complex and sometimes archaic legal system. There is a great deal at stake for sellers, purchasers,...

Law of guarantees, securities and enforcement measures, Seizure of assets

Your company has delivered goods or performed a service, but your customer is delaying payment. Worse still, you learn that they appear to be selling their assets or emptying their business accounts to avoid meeting their obligations. This situation, which is unfortunately common, can jeopardise the financial health of your business....

Law of guarantees, securities and enforcement measures, Seizure of assets

You have a debt that appears to be well-founded and its recovery is threatened, as we saw in our first article. The practical question then arises: how do you actually initiate a precautionary measure? Do you always have to get the go-ahead from a judge before taking action to protect your interests? The...

Civil procedure, Application

In the French procedural arsenal, the ordonnance sur requête is a formidable weapon. This non-adversarial procedure makes it possible to quickly obtain a court decision without the other party being informed. The price of this efficiency is a specific system of contestation that you need to master to defend your rights. Order on request and...

Class action, Civil procedure

You have read our previous articles and you think that a situation you have experienced, or of which you are aware, could fall within the scope of a group action. A defective product, a systematic discriminatory practice, a massive breach of personal data... But beyond identifying the problem, how does a group action actually work?

Class action, Civil procedure

Bank charges unduly deducted from thousands of accounts, a smartphone model with a hidden design defect affecting an entire series, an unlawful clause systematically inserted into an internet service provider's subscription contracts... Examples of disputes in which a large number of consumers suffer prejudice...

Class action, Civil procedure

Despite advances in legislation and growing social awareness, discrimination remains a reality in many aspects of everyday life: in recruitment, in career development, in access to housing, credit or even certain services. For the person who is...

Class action, Civil procedure

Medicines with devastating side effects affecting thousands of patients, defective medical prostheses implanted in large numbers of people, industrial pollution contaminating the soil and affecting the health or property of local residents over a wide area... Massive attacks on public health or...

Class action, Civil procedure

In the digital age, our personal data has become a bargaining chip, a coveted resource, but also a potential source of vulnerability. Every day, we entrust information about ourselves to companies, administrations and online platforms. While most organisations do their utmost to comply with the rules, incidents do occur...

Class action, Civil procedure

A defective product sold in thousands, an unfair clause slipped into countless subscription contracts, unjustified bank charges deducted from the accounts of numerous customers... These situations, which are unfortunately common, often place victims in an awkward position. Individually, the loss suffered may seem too small to justify the compensation...

Guarantees, securities and enforcement law

Winning your case in court is not enough. The decisive factor in transforming a judgement into an enforcement tool is the executory clause. This legal "sesame", which is affixed to court decisions, requires the public authorities to assist with enforcement. The content of the executory clause The...

Civil procedure, Application

Justice sometimes offers discreet but formidable tools. The ordonnance sur requête falls into this category. A temporary measure issued without adversarial debate, it enables swift and discreet action to be taken when the situation so requires. Its effectiveness is based on the element of surprise it provides. Definition and place in our legal system The ordonnance sur...