Civil procedure
Seizure of undivided interests: why are personal creditors restricted?
By Raphaël MORENON15 July 2025When someone owes you money, their assets are your collateral. You have the right to resort to seizures to obtain payment of your debt. But what happens when your debtor does not own his assets outright, but in joint ownership with other people, for example as the result of an inheritance or a joint purchase? The situation then becomes significantly more complex. French law protects the coherence of joint ownership and establishes a strict principle: the personal creditors of a joint owner are prohibited from seizing his or her share of the joint ownership rights. This rule highlights an essential legal distinction between joint ownership creditors and the personal creditors of joint owners, who do not have the same prerogatives. This article explains the basis and scope of this limitation, as well as the remedies available to creditors to recover their debts.
State liability for judicial malpractice: fundamental principles
Judicial agent of the State, Civil procedureA misplaced investigation file, a deliberation that drags on for two years, an expert report never ordered despite repeated requests... These situations are not simply a matter of annoyance but can constitute a real malfunction in the public justice service. Contrary to popular belief, the state is not immune...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...No-fault liability of the State: employees and third parties of the justice system
Judicial agent of the State, Civil procedureFrench law provides for two systems of strict liability in legal matters. One applies to employees of the public service. The other applies to third parties. These mechanisms complement the fault-based liability regime applicable to users. Liability towards public service employees The principle of professional risk...Gross negligence and denial of justice: how to assert your rights?
Judicial agent of the State, Civil procedureA lost case file. A judgement handed down three years after the pleadings. A crucial expert report never ordered despite your repeated requests. These situations can constitute gross negligence or a denial of justice. The law then allows you to obtain compensation from the State. But you need to know the precise criteria and...Liability of judges and magistrates: when and how?
Judicial agent of the State, Civil procedureIn 2017, an investigating judge was reprimanded by the Conseil Supérieur de la Magistrature for serious malfunctions in the Outreau case. This rare decision illustrates the complex issue of the responsibility of judges. Our system distinguishes between the responsibility of the State and that of the judge himself. This distinction determines the...Pitfalls to avoid: why legal action can fail (Inadmissibility)
Judicial agent of the State, Civil procedureYou've gathered your evidence, built a solid case, and you're convinced that you're in the right... but the game is far from won. Even before the judge examines the merits of your case, a formidable procedural hurdle can wipe out all your efforts: inadmissibility. An application deemed...Challenging a motion order: strategies and remedies
Civil procedure, ApplicationIn the French procedural arsenal, the ordonnance sur requête is a formidable weapon. This non-adversarial procedure makes it possible to quickly obtain a court decision without the other party being informed. The price of this efficiency is a specific system of contestation that you need to master to defend your rights. Order on request and...Class action: how does it work in practice? The stages of the procedure
Class action, Civil procedureYou have read our previous articles and you think that a situation you have experienced, or of which you are aware, could fall within the scope of a group action. A defective product, a systematic discriminatory practice, a massive breach of personal data... But beyond identifying the problem, how does a group action actually work?Consumer group action: how to take collective action against a professional?
Class action, Civil procedureBank charges unduly deducted from thousands of accounts, a smartphone model with a hidden design defect affecting an entire series, an unlawful clause systematically inserted into an internet service provider's subscription contracts... Examples of disputes in which a large number of consumers suffer prejudice...Discrimination: group action to assert your rights
Class action, Civil procedureDespite advances in legislation and growing social awareness, discrimination remains a reality in many aspects of everyday life: in recruitment, in career development, in access to housing, credit or even certain services. For the person who is...Health and the environment: group action for personal injury and environmental damage
Class action, Civil procedureMedicines with devastating side effects affecting thousands of patients, defective medical prostheses implanted in large numbers of people, industrial pollution contaminating the soil and affecting the health or property of local residents over a wide area... Massive attacks on public health or...Personal data breached? Group action for redress
Class action, Civil procedureIn the digital age, our personal data has become a bargaining chip, a coveted resource, but also a potential source of vulnerability. Every day, we entrust information about ourselves to companies, administrations and online platforms. While most organisations do their utmost to comply with the rules, incidents do occur...Group action in France: a tool for defending your rights collectively
Class action, Civil procedureA defective product sold in thousands, an unfair clause slipped into countless subscription contracts, unjustified bank charges deducted from the accounts of numerous customers... These situations, which are unfortunately common, often place victims in an awkward position. Individually, the loss suffered may seem too small to justify the compensation...The ordonnance sur requête: a little-known but powerful tool in civil procedure
Civil procedure, ApplicationJustice sometimes offers discreet but formidable tools. The ordonnance sur requête falls into this category. A temporary measure issued without adversarial debate, it enables swift and discreet action to be taken when the situation so requires. Its effectiveness is based on the element of surprise it provides. Definition and place in our legal system The ordonnance sur...Conditions of validity of acquiescence
Acquiescence, Civil procedureIn the legal world, acquiescence is an important act with significant legal consequences. Whether it involves acquiescing to a claim or to a judgment, this unilateral legal act makes it possible to agree to opposing claims or to submit to a court decision. For a complete understanding of acquiescence and its...Areas of application of application orders: a complete overview
Civil procedure, ApplicationThe ordonnance sur requête is a procedural tool with many uses. In my practice, I regularly find that many litigants are unaware of this procedure, even though it can be extremely effective. Defined in article 493 of the Code of Civil Procedure as "a provisional decision rendered without adversarial hearing in cases...Express and implicit acquiescence: how do you recognise it?
Acquiescence, Civil procedureAcquiescence is a subtle legal mechanism that puts an end to litigation. To understand its definition and basic principles, please consult our dedicated page. It involves a party accepting either the claim made by its opponent (acquiescence to the claim) or the decision handed down by a judge...Investigative measures in futurum: preserving evidence before any trial
Civil procedure, ApplicationWhen evidence is in danger of disappearing, article 145 of the Code of Civil Procedure offers a valuable tool. This procedure makes it possible to organise the preservation of evidence even before legal action is taken. Its legal mechanism needs to be clearly understood. Article 145: an essential preventive mechanism Article 145 of the Code...Legal and voluntary acquiescence: enforcement of the judgment and consequences
Acquiescence, Civil procedureYou have lost your case. You hesitate to appeal. In the meantime, you receive an invitation to pay the fines. You comply without reservation. Did you know that this simple payment could permanently deprive you of your right to appeal? This is the dreaded effect of implied acquiescence. For an in-depth analysis of the consequences...Automatic ("de plano") recognition of foreign judgments: when exequatur is not required
Judgment, Civil procedureJust 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 exequatur procedure, which can be long and complex (described in our second...
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