Opposition
Opposition in civil proceedings: what effect will it have on your dispute?
By Raphaël MORENON8 April 2025When a judgment is handed down in your absence, the procedure offers you a specific remedy: opposition to a judgment. This allows the party who was unable to defend himself, known as the defaulting party, to request a new ruling on the case. However, this procedure, like the other ordinary remedies such as appeal, produces complex effects that merit in-depth analysis in order to define a relevant legal strategy. To navigate these complexities, the need for expert legal assistance and personalised help is often shared. Ordinary remedies: an overview (appeal and opposition) Civil procedure mainly distinguishes between two ordinary remedies, which respond to different situations and objectives: appeal, which is a means of reform, and opposition, a means of withdrawal. Each procedure has its own logic, and the contrast between them is fundamental. Appeal: contesting a judgement handed down in...
Opposition in civil matters: form and grounds
Opposition, Civil procedureYou have just received a judgement handed down in your absence. This is known as a default judgment. The law offers you a second chance: the opposition. This allows you to have the case heard by both parties again. However, this remedy is subject to strict rules of form and procedure...Recent reforms in civil procedure: changes for litigants
Opposition, Civil procedureFrench civil procedure has undergone profound change in recent years. Law no. 2019-222 of 23 March 2019 on programming 2018-2022 and reform for the justice system initiated a major upheaval. Decree no. 2019-1333 of 11 December 2019 then gave concrete form to this overhaul. These texts modify the structure...The outcome of the opposition and its consequences
Opposition, Civil procedureWhen a judgment is rendered by default, the opposition procedure allows the defaulting party to have the case retried. This procedure necessarily leads to an outcome that raises important practical questions for litigants. What happens to the initial decision? What are the effects of rejecting or admitting the opposition? What are the...Opposition to default judgments: admissibility criteria
Opposition, Civil procedureLitigation can sometimes bring unpleasant surprises. People may discover that a decision has been made against them in their absence. But all is not lost: the opposition procedure offers a second chance. But it is important to know when this recourse is possible. The principle: the concept of a judgment...Opposition in civil proceedings: definition and historical development
Opposition, Civil procedureAlthough little known to the general public, opposition in civil proceedings is an essential part of our legal system. This remedy enables a party who is absent from a judgment to request that it be withdrawn. The scope of its application, which has been narrowed with each reform, is worth exploring. Technical definition of opposition Article 571...The devolutive effect of the opposition and the resulting proceedings
Opposition, Civil procedureOpposition is an ordinary legal remedy that allows a defaulting party to have a default judgment set aside. Unlike an appeal, it brings the case back before the same court. Its special feature lies in its devolutive effect, which brings about a genuine revival of the proceedings. 1. Referral to court and...Legal action: who can lodge an objection and how?
Opposition, Civil procedureIn the course of a trial, a decision may be handed down even though one party has not been able to make its voice heard. In law, this situation gives rise to the possibility of lodging an "opposition" - a specific and strictly regulated legal remedy. Who can lodge an opposition and under what conditions? Here's how. 1. Who can lodge...
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