Civil procedure
The foundations of a trial: understanding the validity of pleadings
By Raphaël MORENON13 April 2025A simple document can sometimes change the outcome of a case. Whether it's a writ of summons to start proceedings, pleadings to present your arguments, or a petition to the judge, these "procedural documents" are the driving force behind any legal action. Their validity is not a mere administrative formality; it is subject to the precise and sometimes complex rules of French law. Even a seemingly minor error can have serious consequences, including the annulment of your action. Understanding these fundamental rules is therefore essential to protect your rights. This article aims to clarify the main conditions that ensure the solidity of your procedural documents: those relating to substance (who has the right to act?) and those relating to form (how must the document be presented?). Who is entitled to take legal action? Substantive requirements Even before drafting a document, the...
Understanding restraining orders: definition and legal framework
Injonction de faire, Civil procedureStuck with a service provider who doesn't deliver the promised service? A craftsman who delays carrying out work paid for in advance? The injonction de faire is a little-known but potentially effective legal weapon. Definition of an injunction to compel performance An injunction to compel performance is a specific legal procedure used to obtain the performance of a...When the State defends its contentious decisions: hospitalisation, vehicles and civil status
Judicial agent of the State, Civil procedureIn the darkness of a psychiatric hospital room, a man awaits the decision of the liberty judge, a situation that raises questions about the responsibility of the State and its magistrates. At the same time, a family is seeking compensation for an accident caused by a government vehicle. Elsewhere, a person is contesting...Procedural objections: when form attacks substance
Civil procedureYour opponent has just taken you to court, but there are irregularities in the proceedings. How can you exploit this loophole to your advantage? Procedural objections are a formidable weapon for delaying consideration of the merits of the case, or even for terminating the proceedings without any discussion of the dispute itself. The different types of procedural...Defences in civil proceedings - Fundamentals and classifications
Civil procedureNavigating the procedural maze can be perilous without knowing the tools available to defend yourself. The Code of Civil Procedure offers the litigant three main weapons with which to counter an opposing claim: the defence on the merits, the plea of inadmissibility and the procedural objection. This triptych, although...Dismissal: when your right to act is challenged
Civil procedureDo you think you have a solid case for taking legal action? Beware: even before examining the merits of your case, your opponent may raise a plea of inadmissibility. This formidable defence is aimed not at the merits of your claim, but at your very right to take legal action...Deep defence: when direct attack becomes the best defence
Civil procedureIn litigation, strategy often determines the outcome. Among procedural weapons, the defence on the merits occupies a singular place: it is the only means that directly attacks the opposing claim. Unlike pleas of inadmissibility or procedural objections, its aim is to convince the judge that the defendant's...How to draft and serve a formal notice effectively
Formal notice, Civil procedureAn effective formal notice can avoid many a legal hassle. This document, the interface between the amicable and contentious phases, requires particular care in both its drafting and its notification. For optimum management, particularly in debt recovery, expert assistance is often recommended. 1. The importance of...The fundamentals of nullity in civil proceedings
Nullity, Civil procedureIn the intricacies of civil litigation, the nullity of procedural documents is a central mechanism that all litigants need to master. When a procedural document is vitiated by a defect, its validity can be called into question. But beware: not all defects are equal...The nullity of a procedural document: what practical effects?
Nullity, Civil procedureThe system of nullities is one of the fundamental pillars of civil procedure. Understanding the consequences of an annulled procedural document is essential for all litigants. What happens to an act that has been declared null and void? Does annulment systematically lead to the collapse of the entire procedure? Retroactive annulment: the principle...Nullity, non-existence and inadmissibility: the infernal trio of procedural sanctions
Nullity, Civil procedureIn the labyrinth of procedural sanctions, three concepts stand out for their complexity and implications: nullity, non-existence and inadmissibility. These sanctions act like swords of Damocles hanging over procedural documents. Mastering them is essential for any practitioner. Inexistence in civil procedure: a theory...Regularisation of defective deeds: avoiding nullity
Nullity, Civil procedureIn the procedural jungle, a defective act can be saved. Regularisation is a valuable technique for avoiding the annulment of a procedural act. But beware: not all defects can be rectified in the same way, or within the same timeframe. Regularisation of procedural documents that are...Invalidity on substantive grounds: when the procedural document is seriously affected
Nullity, Civil procedureIn the world of procedural law, not all nullities are created equal. Unlike formal defects, which are subject to a relatively flexible regime, substantive defects benefit from special treatment that reflects their seriousness. This 'nullity-sanction' applies to irregularities that affect the essential elements of the legal act. Defects of substance...Nullity for formal defects in civil proceedings: conditions and implementation
Nullity, Civil procedureThe rules on nullity for formal defects are a key point in civil procedure. They determine when and how a procedural document can be annulled for formal irregularity. These rules, codified in articles 112 to 116 of the Code of Civil Procedure, deserve particular attention....Defect in form vs. defect in substance: understanding the key distinction in nullity cases
Nullity, Civil procedureIn the procedural jungle, a fundamental distinction structures the entire system of nullities: that between formal and substantive defects. Far from being a mere theoretical quarrel, this dichotomy determines the outcome of many disputes for the simple reason that it determines the conditions and consequences...Opposition to default judgments: admissibility criteria
Opposition, Civil procedureLitigation can sometimes bring unpleasant surprises. People may discover that a decision has been made against them in their absence. But all is not lost: the opposition procedure offers a second chance. But it is important to know when this recourse is possible. The principle: the concept of a judgment...Opposition in civil proceedings: definition and historical development
Opposition, Civil procedureAlthough little known to the general public, opposition in civil proceedings is an essential part of our legal system. This remedy enables a party who is absent from a judgment to request that it be withdrawn. The scope of its application, which has been narrowed with each reform, is worth exploring. Technical definition of opposition Article 571...The devolutive effect of the opposition and the resulting proceedings
Opposition, Civil procedureOpposition is an ordinary legal remedy that allows a defaulting party to have a default judgment set aside. Unlike an appeal, it brings the case back before the same court. Its special feature lies in its devolutive effect, which brings about a genuine revival of the proceedings. 1. Referral to court and...Legal action: who can lodge an objection and how?
Opposition, Civil procedureIn the course of a trial, a decision may be handed down even though one party has not been able to make its voice heard. In law, this situation gives rise to the possibility of lodging an "opposition" - a specific and strictly regulated legal remedy. Who can lodge an opposition and under what conditions? Here's how. 1. Who can lodge...When the State is accountable for its actions : Specific litigation before the Judicial Agent
Judicial agent of the State, Civil procedureIn the shadows of the courts, cases are played out in which the State is called to account for its actions. These special types of litigation, in which the public authorities are held to account for their regalian activities, give rise to a law of exception. Here is an analysis of the main cases handled by the Agent judiciaire de...The legal effects of formal notice: practical consequences
Formal notice, Civil procedureA formal notice is a key stage in the life of an obligation. It marks the transition from an amicable phase to a pre-litigation phase. Beyond its apparent simplicity, this legal act has considerable effects that deserve attention. The main effects of formal notice The official summons of the...
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