Raphaël MORENON

Law of guarantees, securities and enforcement measures, European Enforcement Order

Imagine this situation: your company has just obtained a judgment against a French debtor, but its assets are located in Germany. How do you enforce this decision without going through an exequatur procedure? The European Enforcement Order (EEO) offers a solution. This mechanism, introduced by Regulation (EC) No 805/2004, enables companies to enforce their...

Law of guarantees, securities and enforcement measures, Enforcement judge

When your debtor is in danger of becoming insolvent, every day counts. Protective measures allow you to freeze your debtor's assets or claims to guarantee payment of your debt. The enforcement judge (JEX) plays a central role in these preventive measures. Authorisation for precautionary measures Conditions required To obtain a precautionary...

Time limits, Civil procedure

There is a fundamental rule to be observed when exercising a right of appeal: deadlines must be respected. For an overall understanding of the fundamentals of these time limits, including their definitions and objectives, it is essential to know that a day's delay means a lost opportunity to challenge. Time running out...

Civil procedure

A flexible and effective legal tool in French law, the summons is a formal act by which one person, through the intermediary of a court commissioner, enjoins another to do or not to do something, without it being a summons to appear before a court....

Civil procedure

How much does a lawsuit really cost? Behind this question lies a little-known but essential legal mechanism: the costs tax. This system protects litigants against excessive claims by court officers and enables them to obtain reimbursement of costs incurred. Definition and origin of the tax The...

Civil procedure

The issue of lawyers' fees often raises questions. Between regulated fees and contractual freedom, the French system is somewhat complex. Understanding the rules governing lawyers' fees can help avoid many misunderstandings. Dual remuneration for lawyers The French system distinguishes between two types of remuneration...

Civil procedure

When the court appoints an expert, a precise legal mechanism is set in motion to determine his remuneration. This system protects the parties while ensuring that the expert receives fair compensation for his work. Prohibition of direct payment The court-appointed expert may not receive payment directly from the parties. Article...

Civil procedure, Third party opposition

Third-party proceedings are 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 the status of individuals, collective proceedings or...

Civil procedure, Third party opposition

When a court ruling affects your rights even though you were not a party to the proceedings, the third party is your legal shield. This recourse is particularly strategic in company law, where the interests of shareholders and creditors can be adversely affected by judgments handed down without their participation. 1....

Civil procedure, Third party opposition

Have you discovered that a court decision affects your rights even though you were not a party to the proceedings? Third-party proceedings could be your solution. This extraordinary remedy enables people who are not involved in the proceedings to challenge a judgment that is prejudicial to them. Introduction: what is third-party opposition?

Civil procedure, Third party opposition

Third-party proceedings occupy a special place in the arsenal of legal remedies. It enables a third party to challenge a judicial decision that is prejudicial to him or her. But beware: this procedural weapon is subject to strict rules. Neglecting to follow the correct procedure or exceeding the time limit can destroy any chance of...

Civil procedure, Service

The proper conduct of legal proceedings is based on precise rules. One of the most important of these is the notification of procedural documents. This mechanism ensures that a party is informed of the legal action taken against it. An error in this process can invalidate the entire procedure. But how do you...

Limitation period, Civil procedure

You think your case is progressing normally before the court... and suddenly your opponent invokes the lapse of proceedings. This radical procedural sanction extinguishes the proceedings in progress because of prolonged inactivity. How do you know whether your proceedings are likely to be affected by this sanction, which can wipe out two years of waiting? The fatal trio...

Limitation period, Civil procedure

A lawsuit drags on, the parties forget to move it forward, and then suddenly the penalty falls: the lapse of proceedings. This mechanism, provided for in the Code of Civil Procedure (CPC), puts an end to proceedings that have been abandoned for two years. Far from being a mere formality, the lapse of proceedings entails...

Limitation period, Civil procedure

Lapse of proceedings, a little-known procedural sanction, is a formidable weapon in the legal arsenal. It allows proceedings to be terminated when the parties remain inactive for two years. But who can invoke it, and how can it be used effectively? Who can invoke lapse and how? Article 387 of the Code of Civil Procedure...

Limitation period, Civil procedure

Every year, thousands of legal proceedings get bogged down in the French courts. Some get bogged down by deliberate strategy, others by simple negligence. The legislator has provided a mechanism to penalise this procedural inertia: the lapse of proceedings. This mechanism, which is often overlooked, is a powerful tool for regulating judicial time. What is it?

Credit and consumer law, Over-indebtedness

The spiral of debt can quickly spiral out of control. Unpaid bills, accumulating credit, overdrafts... When it becomes impossible to pay off non-business debts, the over-indebtedness procedure offers a legal way out. This procedure, codified in articles L.711-1 et seq. of the French Consumer Code, enables people who...

Injonction de faire, Civil procedure

When you are faced with a contractor who refuses to fulfil an obligation to do something (deliver a good, carry out work, provide a service), the injunction to do something procedure offers an alternative to the traditional channels. This procedure, which is less well known than its cousin the injunction to pay, nevertheless deserves the attention of all creditors...

Acquiescence, Civil procedure

Acquiescence is a legal act by which a party to a lawsuit waives the right to contest his opponent's claims or submits to a court ruling. Far from being a simple posture of submission, it is a strategic move, with often irreversible consequences, that deserves to be understood in all its aspects...

Law of guarantees, securities and enforcement measures, Enforcement judge

When an enforcement procedure goes wrong, the enforcement judge (JEX) can order the offending party to pay compensation for the damage caused. These prerogatives, set out in article L.213-6 of the Code of Judicial Organisation, provide an effective remedy for victims of abusive or damaging enforcement. Wrongful execution: a costly risk A...