Civil procedure
Understanding legal action in France: the basics
By Raphaël MORENON14 April 2025Going to court can be a complex process, full of pitfalls and technical terms. Many people think that all it takes to win a case in court is to be "right". However, the legal reality is more nuanced. At the heart of all legal proceedings in France is an essential but often misunderstood concept: the legal action. What exactly does it mean to 'take legal action'? Why is it different from simply asserting a right? This article aims to demystify this fundamental concept. Understanding what legal action is, and above all distinguishing it from closely related concepts such as the right itself or a simple request to the judge, is an essential first step for anyone considering legal proceedings. We are going to clarify its legal definition, explore why having an admissible action does not always mean winning, and how it differs from the material act by which one seizes...
Injunction to pay: when a writ of execution turns a debt into gold
Injonction de payer, Civil procedureThe order for payment procedure often remains mysterious until its final stage: the signing of the formule exécutoire. This is when a simple piece of paper becomes a formidable legal weapon. The executory clause: the creditor's key word An imperative deadline The creditor has a period of one month...Specific payment order procedures: accelerated collection procedures
Injonction de payer, Civil procedureThe injunction to pay is a valuable tool for recovering debts. But did you know that there are specific procedures adapted to certain situations? These variants deserve our attention because they offer substantial strategic advantages. 1. An injunction for the recovery of co-ownership charges A system dedicated to the recovery of...The enforcement of the European order for payment: from enforceability to effective enforcement
Injonction de payer, Civil procedureObtaining an enforcement order does not guarantee payment. The creditor's journey does not end with the European order for payment (EOP) - it really begins at this stage. Between legal obstacles and practical difficulties, cross-border enforcement remains a path strewn with pitfalls for European creditors. Acquiring force...The economy of the judicial contract and its authority
Judicial contract, Civil procedureWhen a dispute is settled in court, the parties may choose to reach an agreement rather than wait for an imposed decision. This agreement mechanism, known as a judicial contract, has a hybrid nature. It combines contractual freedom and judicial authority. But what is the real scope of this type of agreement? What power...Judicial contracts: definition and legal nature
Judicial contract, Civil procedureThis hybrid legal form is fascinating because of its complexity. The judicial contract lives in a troubling in-between state: it is both agreement and judgement, agreement and decision. Origin and definition of the judicial contract Born out of judicial practice, the judicial contract essentially refers to an agreement concluded between parties and...The contractual basis of the judicial contract
Judicial contract, Civil procedureIn the meanders of judicial litigation, a hybrid mechanism has emerged: the judicial contract. Neither entirely conventional nor entirely judicial, it draws its strength from the will of the parties while benefiting from the anointing of the judge. Often misunderstood, this mechanism enables litigants to work together to find a solution to their dispute,...Judicial intervention in judicial contracts
Judicial contract, Civil procedureThe concept of a judicial contract lies at the crossroads of contract law and procedural law. This hybridity raises complex questions about the role of the judge. What is its nature? What are its limits? The paper "Judicial Contracts" by Gaëlle Deharo, professor at ESCE International Business School...Remedies against a judicial contract
Judicial contract, Civil procedureHow do you challenge a poorly drafted legal contract? The hybrid nature of this legal instrument complicates the issue of possible remedies. Practitioners must navigate carefully between the contractual regime and the judicial dimensions. Applicable legal remedies The judicial contract, the intersection between the conventional and the judicial, is...Guarantee calls in civil proceedings: mechanisms, strategies and pitfalls to avoid
Guarantee call, Civil procedureThe "appel en garantie" is a powerful procedural tool, making it possible to bring a third party into a lawsuit so that it will bear any penalties that may be imposed. Although it is fundamental in civil and commercial litigation, its relationship with mechanisms such as joint and several liability or arbitration reveals complexities that are often overlooked. This article, published in...The territorial jurisdiction of the courts: why your address is decisive
Civil procedureYou're moving house and changing your address on all your administrative documents. But have you thought about the legal consequences of this change? Your address determines which court will hear your disputes. A fundamental rule that dates back to Roman law. The fundamental principle: "Actor sequitur forum rei" This Latin maxim means...Avoid the pitfalls of compulsory domicile details in procedural documents
Civil procedureMentioning the place of residence in procedural documents is not just an administrative formality. It is a legal requirement, failure to comply with which may render the document null and void and jeopardise the success of legal proceedings. The writ of summons and the reference to domicile Legal requirements The writ of summons must contain, failing which...How is your legal domicile determined? What you need to know
Civil procedureIn the intricacies of the law, domicile is much more than just a postal address. This legal concept determines where you will be summoned to court, which court has jurisdiction over your disputes and even some of your civil rights. But how exactly does the law determine your domicile? The answers are sometimes...Domicile, residence, demeure: what are the differences and why do they matter in court?
Civil procedureThe address you declare is not just an administrative detail. In law, your location determines which court can try you, where you will receive your legal notices, and how your rights will be defended. A mistake in these notions can jeopardise an entire procedure. Legal definitions: distinct concepts Domicile...The "injonction de faire": effectiveness, practice and advice
Injonction de faire, Civil procedureIs a customer refusing to complete the work you paid for? A seller fails to deliver the item ordered? An injunction could be the solution. Created in the 1980s to facilitate the performance of contractual obligations, this procedure remains little known. Yet it offers a rapid alternative to...The State as a subject of law: when the Judicial Agent of the State defends public interests
Judicial agent of the State, Civil procedureWhen the State enters into a legal relationship with a private individual, it becomes a subject of law like any other. This special position requires appropriate representation before the courts. This is where the Judicial Agent of the State (AJE) comes in, whose legal mandate dates back to 1790 and who has been...News and recent case law on time limits
Time limits, Civil procedureControlling procedural time limits is a strategic factor in any dispute. In recent years, the law governing time limits has undergone considerable change, both through legislative reforms and developments in case law. These changes redefine the time constraints imposed on litigants. The 2019 reform of civil procedure...Injunction to do: conditions of application
Injonction de faire, Civil procedureHas your supplier failed to deliver the furniture you promised? Has a craftsman abandoned your work? French law offers an effective procedure for forcing them to perform without a conventional court case: the injonction de faire. This procedure makes it possible to quickly enjoin a debtor to fulfil his obligation. However, it is important to comply with...The rights of the judicial agent of the State and the settlement in legal proceedings
Judicial agent of the State, Civil procedureIn the judicial arena, the State has a single representative: the State Judicial Agent (AJE). This legal representative, often unknown to the general public, has specific prerogatives while being subject to ordinary law. The AJE's power of settlement is a strategic tool for resolving disputes involving the State, particularly those relating to...Time limits on actions in civil proceedings: when time becomes the enemy of the litigant
Time limits, Civil procedureTime limits structure civil litigation. They impose a time frame on litigants and are often a formidable trap for the uninitiated. One day's delay can wipe out years of proceedings. Stoppage of proceedings Definition and conditions Stoppage is a procedural exception that extinguishes proceedings. It sanctions...Formal notice: fundamental principles and legal issues
Formal notice, Civil procedureThe formal notice is no joke. This little legal act, dreaded by debtors, plays a major role in our legal arsenal. It marks the transition from an amicable phase to the antechamber of litigation. Before considering legal proceedings, it is a decisive step in settling the dispute or in...
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