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Lapse in civil procedure: when your legal acts lose their effect
By Raphaël MORENON29 April 2025Civil procedure is full of technical pitfalls that can wreck your legal efforts. One of the most notorious but formidable of these pitfalls is nullity. An act that has lapsed has serious consequences: the proceedings are terminated, rights are lost and it is impossible to take further action. This mechanism mainly sanctions procedural negligence. What is lapsing? Lapse is the penalty imposed on a legal act that has been validly formed but which, after its creation, loses an element that is essential to its validity. As Professor Pierre Callé notes in his recent repertoire de procédure civile (July 2024), the act then becomes ineffective. This concept differs fundamentally from the other procedural sanctions: Nullity: sanctions a defect existing at the time the act is formed Resolution: annuls an act for non-performance Revocation: puts an end to an act by voluntary decision Inopposability: prevents the act from taking effect with regard to third parties The Cour de cassation specifies...
Lapse of precautionary and enforcement measures: pitfalls to avoid
Sunset, Civil procedureHave you obtained a debt but are struggling to recover it? Precautionary and enforcement measures are invaluable tools. But beware: these measures may lapse if certain procedural rules are not followed. It is crucial to understand the whole issue of lapsing in civil procedure. The...Challenging a lapsing decision: appeals and strategies
Sunset, Civil procedureA procedural document declared null and void can wipe out months of effort and compromise the outcome of a dispute. Lapse in civil proceedings is a formidable sanction in civil law, often imposed to punish a party's inactivity or failure to comply with a time limit, whether for a summons, an appeal or an injunction...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.Lapse of documents initiating proceedings: pitfalls and consequences
Sunset, Civil procedureFiling a document initiating proceedings entails procedural risks that are sometimes overlooked. Lapse is one of these, and is a formidable penalty for negligent litigants. This 'death' of an initially valid legal act can occur as a result of specific rules that all litigants should be aware of. What is nullity? Lapse...
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