Blog
Analyses, feedback and legal news on banking law, credit law and enforcement.
629 articles published
Headlines
Avoid the pitfalls of compulsory domicile details in procedural documents
A poorly drafted document issued by a court-appointed official may be annulled: article 648 of the Code of Civil Procedure sets out specific mandatory details, including those relating to domicile. An error or omission in these details may render the document null and void, whether it is a writ of summons, a service of process or a writ of seizure.
Regularisation of procedural irregularities - Principles and limits
A defective writ of summons, an incomplete statement of appeal: not all procedural irregularities are fatal, but some cannot be corrected. Articles 121 and 126 of the Code of Civil Procedure provide for a strictly regulated right of rectification - here are the cases in which it applies and where it comes up against obstacles.
Civil procedureProcedural objections: when form attacks substance
There are procedural irregularities in your opponent's case, and these can be used to delay consideration of the merits, or even to have the case dismissed. Incompetence, lis pendens, connexity, nullity: each exception is subject to rules of admissibility and order of presentation which the Code of Civil Procedure imposes on pain of inadmissibility.
Invalidity of procedural documentsNullity, non-existence and inadmissibility: the infernal trio of procedural sanctions
An irregular act may be null and void, non-existent or inadmissible - three procedural sanctions with radically different regimes. Confusing nullity, non-existence and inadmissibility can lead to the wrong plea being raised, at the wrong time, before the wrong court.
Invalidity of procedural documentsInvalidity on substantive grounds: when the procedural document is seriously affected
A procedural document tainted by a substantive defect is liable to be declared null and void without you having to prove any grievance. Unlike formal defects, these can be raised at any stage in the proceedings. Lack of capacity, lack of authority, irregular status: the cases referred to in article 117 of the CPC are precise, but their contours remain one of the most technical areas of civil litigation.
Invalidity of procedural documentsNullity for formal defects in civil proceedings: conditions and implementation
A poorly drafted procedural document can be annulled, but nullity on the grounds of a defect in form is not easy to obtain: it must be provided for by law and you must be able to show that there is a real grievance. The Code of Civil Procedure strictly regulates these conditions, making it a double-edged sword depending on your position in the dispute.
Can't find what you're looking for?
Contact us directly or explore our services pages for an overview of our areas of expertise.
EN 
FR