Civil procedure
The right of undivided co-ownership creditors to levy: mechanisms and implementation
By Raphaël MORENON15 July 2025When assets are held jointly, whether as a result of inheritance, divorce or joint acquisition, debt management can quickly become a source of complexity and conflict. For creditors, identifying the right debtor and the assets that can be seized is a major challenge. Although joint ownership has no legal personality, it has its own liabilities, distinct from those of the joint owners. French law therefore provides a specific and particularly effective mechanism for joint tenancy creditors: the right of levy. Understanding this prerogative is essential if you are to secure the recovery of your debt. This article is part of a study of the general framework of the rights and obligations of joint tenancy creditors, focusing on this priority right to payment. The concept of 'levy' in joint ownership: a special meaning In the everyday language of inheritance and property law, the...
Non-contentious matters in civil procedure: when the judge intervenes without litigation
Civil procedureWe often think of the judge as the person who settles a dispute, who decides between two adversaries with opposing interests. However, sometimes you need to go to court even when there is no conflict and no declared adversary. This is the special field of "non-contentious matters", a lesser-known facet of the legal system...Freedom to defend oneself, publicity, fairness: the other guarantees of a fair civil trial
Civil procedureIn a previous article, we saw the extent to which the adversarial principle is essential to guaranteeing a balanced debate before the civil courts. But a fair trial is not just about being able to respond to your opponent's arguments. There are other fundamental principles, some of which are less well known...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...You've won your case: how do you recover costs?
Costs and expenses, Civil procedureThe judgement has finally come down, and it's in your favour. This is a decisive step, and often a relief after months or even years of proceedings. The decision also orders your opponent to reimburse you for the "costs" of the proceedings, i.e. the costs that have been advanced for the entire...The adversarial principle: the golden rule of a fair civil trial
Civil procedureJust imagine: you're summoned to court, but you don't know exactly what you're accused of. Or worse, a decision is made against you without you having had a chance to present your arguments or respond to those of your opponent. Such a situation would not only be unfair, it would...Legal fees: what is included (or not) in costs
Costs and expenses, Civil procedureInitiating legal proceedings or organising one's defence involves calling on the services of a lawyer, an investment in time, confidence and, of course, money. The question of the cost of this intervention is central. Another, just as essential, follows: in the event of success, how much of these costs...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...Civil proceedings: who brings the facts, who tells the law? Roles shared between you and the judge
Civil procedureWhen you embark on a civil lawsuit, two essential elements come into play: the facts (what actually happened, the concrete events that gave rise to the dispute) and the law (all the legal rules that apply to the situation). The question then arises: who is responsible for...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...Defining the issues at stake in civil litigation: how do the parties set limits?
Civil procedureWhen you take legal action, or when you have to defend yourself, you have an objective, a precise expectation. You want the judge to rule on the specific problem that concerns you, and not on anything else. How can you ensure that the legal debate remains focused on your...The legal expert in your case: understanding his costs and how they are covered
Costs and expenses, Civil procedureDoes your dispute involve a highly technical issue? A faulty building, a complex medical assessment, a difficult accounting problem... In many situations, in order to make an informed decision, the judge needs the opinion of a professional with specific knowledge: this is the role of the legal expert. His or her...Behind the scenes of a civil trial: from the hearing to the judge's decision
Civil procedureThe courts can be impressive, even intimidating. Behind the often closed doors of courtrooms and chambers, how do judges reach a decision that can have a major impact on people's lives? The process that leads to a civil judgment is not arbitrary...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 do costs really cover? Deciphering article 695 of the Code of Civil Procedure
Costs and expenses, Civil procedureThe conclusion of a lawsuit raises an essential question for the client and his counsel: who pays the legal costs? Article 696 of the Code of Civil Procedure lays down a general principle: unless the court decides otherwise, the losing party is ordered to pay the costs. However, there is often confusion...The main principles of civil litigation: who does what between the parties and the judge?
Civil procedureThe course of a civil trial can often seem like a complex mechanism, with its rules, deadlines and players with well-defined roles. But for anyone unfamiliar with the legal world, understanding who is in control at each stage is essential. A procedure that is badly started or badly...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...Legal costs: who pays what? Understanding costs and Article 700
Costs and expenses, Civil procedureEmbarking on legal proceedings, whether to assert one's rights or to defend oneself, inevitably raises the question of costs. Over and above the legal issues themselves, a legitimate and frequent concern is the final financial burden: who will have to bear the costs generated by the legal proceedings?Enforcement of judgments obtained through the European Small Claims Procedure
Civil Procedure, European Small Claims ProcedureObtaining a favourable decision is not enough. Actually enforcing it is the crucial stage in the recovery process. This final phase has some important specificities in the European small claims procedure. Understanding these mechanisms will enable you to ensure the real effectiveness of your title. Notification of the decision:...
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