By Raphaël MORENON
1 April 2025
A judgment rendered in the absence of one of the parties (a default judgment) can have radically different consequences depending on its legal classification. Whether for domestic decisions or for the enforcement of a foreign judgment via exequatur, the rules are consistently complex. The distinction between a default judgment and a judgment deemed to be adversarial determines not only the possible avenues of appeal, but also the time limits for taking action. This classification, which is often unknown to litigants, is nevertheless a determining factor in the strategy to be adopted after receiving a court decision. Definition and importance of the classification of a judgment The Code of Civil Procedure distinguishes between three categories of judgments according to the conditions under which they are rendered. A contradictory judgment is delivered when all parties have appeared and presented their arguments. Article 467 of the Code of Civil Procedure specifies that it is sufficient for the parties to have appeared «in person or through a representative,...
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