Acquiescence
Conditions of validity of acquiescence
By Raphaël MORENON3 April 2025In the legal world, acquiescence is an important act with significant legal consequences. Whether it involves acquiescing to a claim or a judgment, this unilateral legal act makes it possible to agree to opposing claims or to submit to a court decision. For a full understanding of acquiescence and its fundamental principles, see our dedicated article. However, to be effective, acquiescence must meet strict conditions of validity. Here we take a look at the requirements imposed by law and case law. Consent in acquiescence Acquiescence is essentially based on the will of its author. This will must be free from defects. Free and informed consent To be valid, acquiescence requires free and informed consent. The Code of Civil Procedure does not expressly state this, but case law consistently affirms it. For example, the Cour de cassation has repeatedly stated that acquiescence must be the result of acts or facts demonstrating...
Express and implicit acquiescence: how do you recognise it?
Acquiescence, Civil procedureAcquiescence is a subtle legal mechanism that puts an end to litigation. To understand its definition and basic principles, please consult our dedicated page. It involves a party accepting either the claim made by its opponent (acquiescence to the claim) or the decision handed down by a judge...Legal and voluntary acquiescence: enforcement of the judgment and consequences
Acquiescence, Civil procedureYou have lost your case. You hesitate to appeal. In the meantime, you receive an invitation to pay the fines. You comply without reservation. Did you know that this simple payment could permanently deprive you of your right to appeal? This is the dreaded effect of implied acquiescence. For an in-depth analysis of the consequences...The effects of acquiescence and its practical consequences
Acquiescence, Civil procedureIn civil procedure, acquiescence is a legal act with often radical consequences. It consists of acknowledging the validity of one's opponent's claims or submitting to a court decision, thereby closing the door to future disputes. Committed by mistake or through lack of information, this unilateral act...Acquiescence in civil law: definition and fundamental principles
Acquiescence, Civil procedureAcquiescence 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...