Raphaël MORENON
Distribution of funds: a complete guide to fund distribution procedures for creditors and debtors
By Raphaël MORENON17 September 2025Discover the keys to distributing funds! Avoid costly mistakes, understand your rights and ensure a fair distribution of funds. Complete guide.
Dismissal: when your right to act is challenged
Civil procedureDo you think you have a solid case for taking legal action? Beware: even before examining the merits of your case, your opponent may raise a plea of inadmissibility. This formidable defence is aimed not at the merits of your claim, but at your very right to take legal action...Deep defence: when direct attack becomes the best defence
Civil procedureIn litigation, strategy often determines the outcome. Among procedural weapons, the defence on the merits occupies a singular place: it is the only means that directly attacks the opposing claim. Unlike pleas of inadmissibility or procedural objections, its aim is to convince the judge that the defendant's...How to draft and serve a formal notice effectively
Formal notice, Civil procedureAn effective formal notice can avoid many a legal hassle. This document, the interface between the amicable and contentious phases, requires particular care in both its drafting and its notification. For optimum management, particularly in debt recovery, expert assistance is often recommended. 1. The importance of...The fundamentals of nullity in civil proceedings
Nullity, Civil procedureIn the intricacies of civil litigation, the nullity of procedural documents is a central mechanism that all litigants need to master. When a procedural document is vitiated by a defect, its validity can be called into question. But beware: not all defects are equal...The nullity of a procedural document: what practical effects?
Nullity, Civil procedureThe system of nullities is one of the fundamental pillars of civil procedure. Understanding the consequences of an annulled procedural document is essential for all litigants. What happens to an act that has been declared null and void? Does annulment systematically lead to the collapse of the entire procedure? Retroactive annulment: the principle...Nullity, non-existence and inadmissibility: the infernal trio of procedural sanctions
Nullity, Civil procedureIn the labyrinth of procedural sanctions, three concepts stand out for their complexity and implications: nullity, non-existence and inadmissibility. These sanctions act like swords of Damocles hanging over procedural documents. Mastering them is essential for any practitioner. Inexistence in civil procedure: a theory...Regularisation of defective deeds: avoiding nullity
Nullity, Civil procedureIn the procedural jungle, a defective act can be saved. Regularisation is a valuable technique for avoiding the annulment of a procedural act. But beware: not all defects can be rectified in the same way, or within the same timeframe. Regularisation of procedural documents that are...Invalidity on substantive grounds: when the procedural document is seriously affected
Nullity, Civil procedureIn the world of procedural law, not all nullities are created equal. Unlike formal defects, which are subject to a relatively flexible regime, substantive defects benefit from special treatment that reflects their seriousness. This 'nullity-sanction' applies to irregularities that affect the essential elements of the legal act. Defects of substance...Nullity for formal defects in civil proceedings: conditions and implementation
Nullity, Civil procedureThe rules on nullity for formal defects are a key point in civil procedure. They determine when and how a procedural document can be annulled for formal irregularity. These rules, codified in articles 112 to 116 of the Code of Civil Procedure, deserve particular attention....Defect in form vs. defect in substance: understanding the key distinction in nullity cases
Nullity, Civil procedureIn the procedural jungle, a fundamental distinction structures the entire system of nullities: that between formal and substantive defects. Far from being a mere theoretical quarrel, this dichotomy determines the outcome of many disputes for the simple reason that it determines the conditions and consequences...Opposition to default judgments: admissibility criteria
Opposition, Civil procedureLitigation can sometimes bring unpleasant surprises. People may discover that a decision has been made against them in their absence. But all is not lost: the opposition procedure offers a second chance. But it is important to know when this recourse is possible. The principle: the concept of a judgment...Opposition in civil proceedings: definition and historical development
Opposition, Civil procedureAlthough little known to the general public, opposition in civil proceedings is an essential part of our legal system. This remedy enables a party who is absent from a judgment to request that it be withdrawn. The scope of its application, which has been narrowed with each reform, is worth exploring. Technical definition of opposition Article 571...The devolutive effect of the opposition and the resulting proceedings
Opposition, Civil procedureOpposition is an ordinary legal remedy that allows a defaulting party to have a default judgment set aside. Unlike an appeal, it brings the case back before the same court. Its special feature lies in its devolutive effect, which brings about a genuine revival of the proceedings. 1. Referral to court and...Legal action: who can lodge an objection and how?
Opposition, Civil procedureIn the course of a trial, a decision may be handed down even though one party has not been able to make its voice heard. In law, this situation gives rise to the possibility of lodging an "opposition" - a specific and strictly regulated legal remedy. Who can lodge an opposition and under what conditions? Here's how. 1. Who can lodge...When the State is accountable for its actions : Specific litigation before the Judicial Agent
Judicial agent of the State, Civil procedureIn the shadows of the courts, cases are played out in which the State is called to account for its actions. These special types of litigation, in which the public authorities are held to account for their regalian activities, give rise to a law of exception. Here is an analysis of the main cases handled by the Agent judiciaire de...The territorial jurisdiction of the JEX: which judge to refer to and where?
Law of guarantees, securities and enforcement measures, Enforcement judgeChoosing the right Juge de l'Exécution (JEX) can make the difference between an effective procedure and a costly and time-consuming rejection. The territorial jurisdiction of the JEX is governed by specific rules that you need to master to maximise your chances of success. The principle of the jurisdiction option...Stay of execution: how do you suspend the effects of a JEX decision?
Law of guarantees, securities and enforcement measures, Enforcement judgeYou have just lost before the enforcement judge (JEX). You think the decision is questionable and you want to appeal. Problem: this appeal has no suspensive effect. The decision remains immediately enforceable, with potentially irreversible consequences. A stay of execution is therefore your last resort to avoid enforcement...Creditors' general right of lien: principles and limits
Law of guarantees, security interests and enforcement measures, Security interests in movable propertyThe right of general pledge is the cornerstone of the legal system protecting creditors. This mechanism, which is sometimes misunderstood, ensures a balance between the security of transactions and the rights of debtors. Its practical application raises a number of questions that merit analysis. The legal framework of the general right of lien...The legal effects of formal notice: practical consequences
Formal notice, Civil procedureA formal notice is a key stage in the life of an obligation. It marks the transition from an amicable phase to a pre-litigation phase. Beyond its apparent simplicity, this legal act has considerable effects that deserve attention. The main effects of formal notice The official summons of the...When a court decision lapses: understanding the practical issues involved
Sunset, Civil procedureObtaining a ruling in your favour is only the first step in a long legal process. Without constant vigilance, a court decision, even a final one, can lose all its value and authority. Lapse is one of those formidable technical concepts that punishes inaction or failure to act.
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