Judgement
Automatic ("de plano") recognition of foreign judgments: when exequatur is not required
By Raphaël MORENON1 April 2025Just imagine: you have been divorced abroad, or a foreign court decision has established a parent-child relationship concerning you, or you have been appointed guardian of a relative by a court outside France. Do you systematically have to go through the sometimes lengthy and complex exequatur procedure (described in our second article) in order for these decisions to be valid in France? Fortunately, the answer is often no. For many decisions, particularly those relating to your personal status, French law provides for automatic recognition "de plano", i.e. by operation of law. This means that these judgments can produce certain effects in France without requiring a prior decision by a French judge. However, this automaticity is not a blank cheque. It is conditional and can be called into question. This article explores this mechanism of automatic recognition: what exactly is it, which judgments benefit from it, what effects does it produce (and above all,...
The key conditions for a foreign judgment to be recognised in France
Judgment, Civil procedureEven if a foreign judgment seems perfectly official and final in its country of origin, it does not automatically receive a 'visa' to take full effect in France. Whether you are seeking to enforce a foreign judgment (via exequatur, as discussed in our previous article) or are concerned...My judgement contains an error or is ambiguous: what can I do?
Judgment, Civil procedureThe common idea is that once a judgement has been handed down, it is final and puts an end to a case. To a large extent, this is true, not least because of the res judicata referred to above. However, court rulings can sometimes contain obvious errors, mistakes or...Judgment rendered: what now? Notification, enforcement and possible appeals
Judgment, Civil procedureThe judge has made his decision, and the verdict is in. For many people, this marks the end of a period of tension and uncertainty. However, from a procedural point of view, the delivery of the judgment is often only one stage in the process. Whether you have won your case or the decision has been...How to read a judgement A practical guide to deciphering a court ruling
Judgment, Civil procedureReceiving a court judgement is an important step, often a source of questions and even anxiety. This official document, written in sometimes complex legal language, seals the outcome of a dispute or validates a situation. But how do you make sense of it? What do the different parts of the document mean? How to read and understand...Exequatur: how can a foreign judgment be enforced in France?
Judgment, Civil procedureYou have obtained a favourable court decision abroad, for example ordering a debtor to pay you a sum of money. If this person lives or owns property in France, you might think that all you have to do to obtain satisfaction is present the foreign judgment. Unfortunately, however...What is a civil judgment and how do we understand it?
Judgment, Civil procedureHave you just received an official document from a court, entitled "judgment"? This word, often charged with a certain solemnity, can cover different legal realities, with very concrete consequences for your situation. Understanding the exact nature of the ruling is the first essential step in knowing how to...Understanding foreign judgments: why is their recognition in France an issue?
Judgment, Civil procedureHave you obtained a favourable court ruling in another country? Or perhaps you are affected by a judgement handed down abroad, such as a divorce or an inheritance decision? Many people think that once a legal decision has been handed down, it applies everywhere. However, the legal reality is...Notification of judgments by default: pitfalls to avoid and critical deadlines
Judgment, Civil procedureThe notification of a judgment rendered in the absence of a party is subject to strict rules. A special time limit of six months applies on pain of nullity. These special rules are designed to protect the party in default while ensuring legal certainty. Failure to comply with these rules may invalidate a favourable court decision. The system...Challenging a judgment handed down in your absence: deadlines and procedures to be aware of
Judgment, Civil procedureA judgment handed down in your absence can have serious consequences. The law provides for specific legal remedies. These depend on the exact nature of the judgment. Strict time limits govern these appeals. If they are not respected, the decision cannot be contested. Identifying the exact nature of the judgment The exact nature of the...What should you do if you fail to appear in court? Consequences and solutions
Judgment, Civil procedureFailure to attend a court hearing has far-reaching legal consequences. This absence, known as a "failure to appear", profoundly alters the course of the trial. It can affect both the plaintiff and the defendant, with different effects depending on the case. Understanding these mechanisms will enable you to act effectively in these situations...Judgment by default or deemed contradictory: understanding the essential differences
Judgment, Civil procedureA judgment given in the absence of a party (a failure to appear) can have radically different consequences depending on its legal classification. Whether for domestic judgments or to enforce a foreign judgment via exequatur, the complexity of the rules is constant. The distinction between judgments by default and...