Civil procedure
Joint ownership and creditors: understanding their rights and obligations
By Raphaël MORENON15 July 2025When a property is held by several people, whether as a result of inheritance, divorce or joint purchase, the resulting legal situation is known as indivision. While this situation can be chosen, it is often suffered and can become a source of complexity, particularly when debts are involved. The question of creditors' rights over undivided property is a major issue, with sometimes conflicting interests at stake. Understanding the rules governing debt recovery in this context is essential for creditors and co-owners alike, who are keen to protect their assets. Wise management of these situations often requires the intervention of a professional to define the right strategy, an area in which the support of a lawyer with expertise in enforcement procedures comes into its own. What is joint ownership for creditors? Definition of joint ownership and what is at stake for debts Joint ownership is a...
Procedure and costs of the European Small Claims Procedure
Civil Procedure, European Small Claims ProcedureCross-border litigation is often a source of concern for litigants. Unpredictable delays, uncertain costs and complex formalities can discourage even the most determined creditors. The European Small Claims Procedure addresses precisely these concerns. It establishes a clear framework for the procedural steps and...How do I start a European small claims procedure?
Civil Procedure, European Small Claims ProcedureRecovering a debt in another European country can seem daunting. Language barriers, legal differences and distance often complicate the process. The European Small Claims Procedure offers a practical solution to this problem. This guide outlines the practical steps you need to take to initiate the procedure correctly. Check that...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...The European Small Claims Procedure: a simplified tool for cross-border debt collection
Civil Procedure, European Small Claims ProcedureRecovering a debt in a cross-border context is often a daunting task. Geographical distance, linguistic and legal differences and the associated costs often discourage creditors from pursuing their debtors established in another Member State. This observation led the European legislator to create a...Failure to take procedural steps: risks and legal remedies
Civil procedureIn civil procedure, appearing is not enough. The parties must perform certain acts within the allotted time. This obligation, which is distinct from mere presence, entails specific sanctions in the event of failure to comply. Mastery of these rules often determines the outcome of a trial. Fundamental distinction in civil procedure The Code of Civil Procedure...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...Review proceedings: when and how to challenge a final judgment
Appeal, Civil procedureRes judicata is a fundamental pillar of our legal system. But what can be done when a final judgment is based on fraud or a major error? French justice provides an exceptional solution: an application for judicial review. Our firm regularly observes that this legal remedy remains...Community sequestration and its application in criminal matters
Civil procedure, ReceivershipReceivership in the public interest is in the interests of public safety. It differs fundamentally from private sequestration. The State uses it as an instrument of coercion or collective protection. General characteristics of receiverships in the public interest Distinction from receiverships in the private interest A receivership in the public interest has three essential characteristics: This mechanism takes the form of a...Termination of the receivership and the custodian's liability: anticipating the risks
Civil procedure, ReceivershipThe end of the receivership is a critical phase. It involves the custodian's liability and raises complex legal issues. Anticipating these risks can help avoid costly disputes. The various reasons for the end of the receivership Natural expiry: resolution of the dispute The receivership ends when the dispute is "over" (article...Practical operation of the receivership: implementation and administration
Civil procedure, ReceivershipManaging a receivership requires rigour and method. Its effectiveness depends on clear procedures and diligent administration. These practical aspects determine the real protection of the assets concerned. Setting up a receiver Acceptance of the assignment A receiver's assignment is not compulsory. The appointed third party may refuse....The receivership procedure: jurisdiction and implementation
Civil procedure, ReceivershipThe success of a receivership depends on strict compliance with the procedure. A procedural error can compromise the measure and undermine the rights it protects. It is therefore essential to be familiar with the rules governing jurisdiction and the steps involved in implementing the procedure. Competent courts Jurisdiction of attribution Role of the interim relief judge...Conventional and judicial sequestration: two distinct mechanisms to master
Civil procedure, ReceivershipWhen a dispute arises over the ownership or possession of an asset, sequestration is an effective means of protecting the rights of each party. French law distinguishes between two main mechanisms: conventional sequestration, which is the result of an agreement, and judicial sequestration, which is ordered...Sequestration under French law: definition and fundamental principles
Civil procedure, ReceivershipSecuring assets pending a court ruling is a major issue in many disputes. Sequestration meets precisely this need by providing a protective legal framework. This protective measure, which is often little-known, is nevertheless an invaluable tool for both private individuals and businesses faced with the problem of...Summons to judge: a remedy against denial of justice
Civil procedureYour case is ready. The pleadings are over. And yet no decision is forthcoming. Weeks go by, then months. The judge seems to have forgotten about your case. What can you do about it? The summons to judge is a little-known but powerful tool for forcing a judge to render a decision. Summons to judgment:...Lapse of precautionary and enforcement measures: pitfalls to avoid
Sunset, Civil procedureHave you obtained a debt but are struggling to recover it? Precautionary and enforcement measures are invaluable tools. But beware: these measures may lapse if certain procedural rules are not followed. It is crucial to understand the whole issue of lapsing in civil procedure. The...The effects of acquiescence and its practical consequences
Acquiescence, Civil procedureIn civil procedure, acquiescence is a legal act with often radical consequences. It consists of acknowledging the validity of one's opponent's claims or submitting to a court decision, thereby closing the door to future disputes. Committed by mistake or through lack of information, this unilateral act...Understanding the fundamentals of time limits in civil proceedings
Time limits, Civil procedureTime is of the essence in all legal proceedings. In the legal arena, time limits structure all civil litigation and regulate the pace of exchanges between the parties. Compliance with them often determines the validity of the documents themselves. What is a time limit in civil procedure? A time limit in civil procedure is...Enforcement summonses: the driving force behind amicable debt collection
Civil procedureIn the sometimes opaque world of debt collection, some legal tools are more effective than others. The summons for enforcement belongs to this category of acts which, although little known to the general public, are a powerful lever for encouraging a debtor to comply voluntarily. What is a summons for enforcement?
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