Civil procedure
Lapse in civil procedure: when your legal acts lose their effect
By Raphaël MORENON29 April 2025Civil procedure is full of technical pitfalls that can wreck your legal efforts. One of the most notorious but formidable of these pitfalls is nullity. An act that has lapsed has serious consequences: the proceedings are terminated, rights are lost and it is impossible to take further action. This mechanism mainly sanctions procedural negligence. What is lapsing? Lapse is the penalty imposed on a legal act that has been validly formed but which, after its creation, loses an element that is essential to its validity. As Professor Pierre Callé notes in his recent repertoire de procédure civile (July 2024), the act then becomes ineffective. This concept differs fundamentally from the other procedural sanctions: Nullity: sanctions a defect existing at the time the act is formed Resolution: annuls an act for non-performance Revocation: puts an end to an act by voluntary decision Inopposability: prevents the act from taking effect with regard to third parties The Cour de cassation specifies...
Sources of time limits in civil proceedings
Time limits, Civil procedureCivil procedure is based on time limits that structure judicial time and guarantee balanced justice. These time limits come from three distinct sources: the law, the judge and sometimes even agreements between the parties. Accurate knowledge of these time limits is a major challenge for all litigants. Legal time limits...The legal mandate of the State's Judicial Agent: who can defend the State in court?
Judicial agent of the State, Civil procedureThe French State is a major player in legal life and regularly finds itself involved in litigation. For a thorough understanding of the origin and essential missions of the State's Judicial Agent, it is crucial to know who can represent it before the courts. The answer is not left to chance:...Challenging a lapsing decision: appeals and strategies
Sunset, Civil procedureA procedural document declared null and void can wipe out months of effort and compromise the outcome of a dispute. Lapse in civil proceedings is a formidable sanction in civil law, often imposed to punish a party's inactivity or failure to comply with a time limit, whether for a summons, an appeal or an injunction...Waiting periods in civil proceedings: a guarantee for the rights of the defence
Time limits, Civil procedureIn the legal system, time is rarely an ally of litigants. However, certain time limits are essential safeguards. Unlike time limits for taking action, which require you to act quickly on pain of foreclosure, time limits for waiting prohibit any initiative until they have elapsed. These "brake periods" allow time for reflection and protect...The summons: a little-known tool for establishing evidence
Civil procedureIn France's legal arsenal, certain tools remain unjustly in the shadows despite their formidable effectiveness. The interpellative summons, an often overlooked legal tool, is one of these. Far from being a mere formality, it constitutes a formidable strategic act for any litigant wishing to consolidate a case before taking legal action....The injunction to do: how to position it among other similar procedures?
Injonction de faire, Civil procedureIn the French legal arsenal, the injonction de faire remains little known to non-lawyers. Yet this simplified procedure can force a co-contractor to perform when he is reluctant to fulfil his obligations. But how can it be distinguished from other similar procedures? When should it be used rather than an injunction to pay, a summary procedure or other alternatives? Injunction...Exceptions to the legal mandate of the judicial agent of the State
Judicial agent of the State, Civil procedureAlthough the Judicial Agent of the State (AJE) has a monopoly on representing the State before the courts, particularly when it comes to the liability of the State and its judges, there are important limits to this principle. In certain areas, representation of the State is entrusted to other entities. These exceptions may go unnoticed...Time limits for appeals in civil procedure: how not to miss the boat
Time limits, Civil procedureThere is a fundamental rule to be observed when exercising a right of appeal: deadlines must be respected. For an overall understanding of the fundamentals of these time limits, including their definitions and objectives, it is essential to know that a day's delay means a lost opportunity to challenge. Time running out...The summons: a multi-faceted legal tool
Civil procedureA flexible and effective legal tool in French law, the summons is a formal act by which one person, through the intermediary of a court commissioner, enjoins another to do or not to do something, without it being a summons to appear before a court....Costs tax: fundamental principles and general procedure
Civil procedureHow much does a lawsuit really cost? Behind this question lies a little-known but essential legal mechanism: the costs tax. This system protects litigants against excessive claims by court officers and enables them to obtain reimbursement of costs incurred. Definition and origin of the tax The...Lawyers' fees: principles of remuneration and dispute procedure
Civil procedureThe issue of lawyers' fees often raises questions. Between regulated fees and contractual freedom, the French system is somewhat complex. Understanding the rules governing lawyers' fees can help avoid many misunderstandings. Dual remuneration for lawyers The French system distinguishes between two types of remuneration...Remuneration of legal experts: procedures and disputes
Civil procedureWhen the court appoints an expert, a precise legal mechanism is set in motion to determine his remuneration. This system protects the parties while ensuring that the expert receives fair compensation for his work. Prohibition of direct payment The court-appointed expert may not receive payment directly from the parties. Article...Specific applications of third-party opposition in French law
Civil procedure, Third party oppositionThird-party proceedings are an extraordinary legal remedy with complex ramifications. Article 585 of the Code of Civil Procedure opens up a wide range of possibilities, yet it must be adapted to the specific nature of each legal matter. This adaptation is necessary. The issues at stake differ depending on whether we are talking about the status of individuals, collective proceedings or...Third-party proceedings in company law: protecting shareholders and creditors
Civil procedure, Third party oppositionWhen a court ruling affects your rights even though you were not a party to the proceedings, the third party is your legal shield. This recourse is particularly strategic in company law, where the interests of shareholders and creditors can be adversely affected by judgments handed down without their participation. 1....Third-party opposition in civil proceedings: a remedy for injured third parties
Civil procedure, Third party oppositionHave you discovered that a court decision affects your rights even though you were not a party to the proceedings? Third-party proceedings could be your solution. This extraordinary remedy enables people who are not involved in the proceedings to challenge a judgment that is prejudicial to them. Introduction: what is third-party opposition?Third-party proceedings: time limits, formalities and jurisdiction
Civil procedure, Third party oppositionThird-party proceedings occupy a special place in the arsenal of legal remedies. It enables a third party to challenge a judicial decision that is prejudicial to him or her. But beware: this procedural weapon is subject to strict rules. Neglecting to follow the correct procedure or exceeding the time limit can destroy any chance of...Service of procedural documents: how is a legal document validly served on you?
Civil procedure, ServiceThe proper conduct of legal proceedings is based on precise rules. One of the most important of these is the notification of procedural documents. This mechanism ensures that a party is informed of the legal action taken against it. An error in this process can invalidate the entire procedure. But how do you...Conditions under which proceedings lapse: the three-step test
Limitation period, Civil procedureYou think your case is progressing normally before the court... and suddenly your opponent invokes the lapse of proceedings. This radical procedural sanction extinguishes the proceedings in progress because of prolonged inactivity. How do you know whether your proceedings are likely to be affected by this sanction, which can wipe out two years of waiting? The fatal trio...Invoking the lapse of proceedings: procedures and strategies
Limitation period, Civil procedureLapse of proceedings, a little-known procedural sanction, is a formidable weapon in the legal arsenal. It allows proceedings to be terminated when the parties remain inactive for two years. But who can invoke it, and how can it be used effectively? Who can invoke lapse and how? Article 387 of the Code of Civil Procedure...The effects of the lapse of proceedings: practical consequences
Limitation period, Civil procedureA lawsuit drags on, the parties forget to move it forward, and then suddenly the penalty falls: the lapse of proceedings. This mechanism, provided for in the Code of Civil Procedure (CPC), puts an end to proceedings that have been abandoned for two years. Far from being a mere formality, the lapse of proceedings entails...
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