Raphaël MORENON

Injonction de payer, Civil procedure

Obtaining an enforcement order does not guarantee payment. The creditor's journey does not end with the European order for payment (EOP) - it really begins at this stage. Between legal obstacles and practical difficulties, cross-border enforcement remains a path strewn with pitfalls for European creditors. Acquiring force...

Judicial contract, Civil procedure

When a dispute is settled in court, the parties may choose to reach an agreement rather than wait for an imposed decision. This agreement mechanism, known as a judicial contract, has a hybrid nature. It combines contractual freedom and judicial authority. But what is the real scope of this type of agreement? What power...

Judicial contract, Civil procedure

This hybrid legal form is fascinating because of its complexity. The judicial contract lives in a troubling in-between state: it is both agreement and judgement, agreement and decision. Origin and definition of the judicial contract Born out of judicial practice, the judicial contract essentially refers to an agreement concluded between parties and...

Judicial contract, Civil procedure

In the meanders of judicial litigation, a hybrid mechanism has emerged: the judicial contract. Neither entirely conventional nor entirely judicial, it draws its strength from the will of the parties while benefiting from the anointing of the judge. Often misunderstood, this mechanism enables litigants to work together to find a solution to their dispute,...

Judicial contract, Civil procedure

The concept of a judicial contract lies at the crossroads of contract law and procedural law. This hybridity raises complex questions about the role of the judge. What is its nature? What are its limits? The paper "Judicial Contracts" by Gaëlle Deharo, professor at ESCE International Business School...

Judicial contract, Civil procedure

How do you challenge a poorly drafted legal contract? The hybrid nature of this legal instrument complicates the issue of possible remedies. Practitioners must navigate carefully between the contractual regime and the judicial dimensions. Applicable legal remedies The judicial contract, the intersection between the conventional and the judicial, is...

Guarantee call, Civil procedure

The "appel en garantie" is a powerful procedural tool, making it possible to bring a third party into a lawsuit so that it will bear any penalties that may be imposed. Although it is fundamental in civil and commercial litigation, its relationship with mechanisms such as joint and several liability or arbitration reveals complexities that are often overlooked. This article, published in...

Civil procedure

You're moving house and changing your address on all your administrative documents. But have you thought about the legal consequences of this change? Your address determines which court will hear your disputes. A fundamental rule that dates back to Roman law. The fundamental principle: "Actor sequitur forum rei" This Latin maxim means...

Civil procedure

Mentioning the place of residence in procedural documents is not just an administrative formality. It is a legal requirement, failure to comply with which may render the document null and void and jeopardise the success of legal proceedings. The writ of summons and the reference to domicile Legal requirements The writ of summons must contain, failing which...

Civil procedure

In the intricacies of the law, domicile is much more than just a postal address. This legal concept determines where you will be summoned to court, which court has jurisdiction over your disputes and even some of your civil rights. But how exactly does the law determine your domicile? The answers are sometimes...

Civil procedure

The address you declare is not just an administrative detail. In law, your location determines which court can try you, where you will receive your legal notices, and how your rights will be defended. A mistake in these notions can jeopardise an entire procedure. Legal definitions: distinct concepts Domicile...

Law of guarantees, securities and enforcement measures, Seizure of motor vehicles

The seizure of a land motor vehicle can be a tricky business, with atypical vehicles, creditor conflicts and competing procedures. To help you navigate these tricky waters, we take a look at some specific situations. Vehicles concerned and special cases Non-motorised registered vehicles A thorny issue concerns vehicles that are registered but have no engine...

Credit and consumer law, Over-indebtedness

Over-indebtedness affects many people in France. This critical financial situation requires appropriate legal solutions. In 2023, more than 120,000 cases were submitted to over-indebtedness commissions. Each case reveals a complex reality, combining economic difficulties with a demanding and constantly evolving legal framework. What is...

Injonction de faire, Civil procedure

Is a customer refusing to complete the work you paid for? A seller fails to deliver the item ordered? An injunction could be the solution. Created in the 1980s to facilitate the performance of contractual obligations, this procedure remains little known. Yet it offers a rapid alternative to...

Judicial agent of the State, Civil procedure

When the State enters into a legal relationship with a private individual, it becomes a subject of law like any other. This special position requires appropriate representation before the courts. This is where the Judicial Agent of the State (AJE) comes in, whose legal mandate dates back to 1790 and who has been...

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

When it comes to cross-border debt recovery, the European Enforcement Order is a particularly effective legal instrument, but its subtleties are often unfamiliar to creditors and debtors alike. Introduced by Regulation (EC) No 805/2004 of 21 April 2004, this mechanism radically changes the way in which enforcement decisions are made.

Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securities

A ruling by the Court of Cassation on 6 February 2025 (Cass. 2e civ., 6 févr. 2025, n° 22-17.249, Publié au bulletin) redefines the legal nature of challenges to acts of seizure of intangible rights. Legal classification clarified The Second Civil Chamber rules on a technical but crucial issue....

Time limits, Civil procedure

Controlling procedural time limits is a strategic factor in any dispute. In recent years, the law governing time limits has undergone considerable change, both through legislative reforms and developments in case law. These changes redefine the time constraints imposed on litigants. The 2019 reform of civil procedure...

Credit and consumer law, Over-indebtedness

When debts pile up with no hope of being cleared, a situation often referred to as over-indebtedness, the French legal system offers a radical solution: personal recovery. This procedure, often compared to 'civil bankruptcy', allows debtors to start afresh by wiping out their debts under certain strict conditions. Personal recovery...

Injonction de faire, Civil procedure

Has your supplier failed to deliver the furniture you promised? Has a craftsman abandoned your work? French law offers an effective procedure for forcing them to perform without a conventional court case: the injonction de faire. This procedure makes it possible to quickly enjoin a debtor to fulfil his obligation. However, it is important to comply with...