Civil procedure
The limits of res judicata: when can a decision be challenged and when does it not apply?
By Raphaël MORENON12 April 2025In our previous articles, we established that the principle of res judicata is a powerful rule: a case that has been decided cannot be tried again (autorité de la chose jugée) and a decision becomes irrevocable, i.e. 'final', once all appeals have been exhausted. This rule ensures stability and legal certainty. However, as is often the case in law, this principle is not an impenetrable wall. Exceptions exist, nuances apply, and not all court decisions have the same scope. You may be asking yourself: are there situations in which a decision, even an apparently final one, can be reviewed? Are some decisions less 'powerful' than others? How do decisions handed down by different types of court interact, for example between criminal and civil law? This article explores the limits of res judicata, those cases where the intangibility of a decision is subject to exceptions or temperaments. Not all decisions are res judicata.
When a court decision lapses: understanding the practical issues involved
Sunset, Civil procedureObtaining a ruling in your favour is only the first step in a long legal process. Without constant vigilance, a court decision, even a final one, can lose all its value and authority. Lapse is one of those formidable technical concepts that punishes inaction or failure to act.Lapse of documents initiating proceedings: pitfalls and consequences
Sunset, Civil procedureFiling a document initiating proceedings entails procedural risks that are sometimes overlooked. Lapse is one of these, and is a formidable penalty for negligent litigants. This 'death' of an initially valid legal act can occur as a result of specific rules that all litigants should be aware of. What is nullity? Lapse...The Judicial Agent of the State: history and essential missions
Judicial agent of the State, Civil procedureBehind the media trials involving the French State lies a little-known but fundamental institution: the State Judicial Agent (AJE). This body has been defending the financial interests of the Republic for more than two centuries. It plays a decisive role in balancing public finances and representing the State before the courts...Dispensing with formal notice: when and how to dispense with it legally
Formal notice, Civil procedureA reminder seems necessary. A formal notice is the act by which a creditor asks his debtor to fulfil his obligation. It marks the starting point for default interest and crystallises the recipient's default. This unilateral legal act challenges and informs the addressee of the creditor's demands....International formal notice: a comparative approach and practical advice
Formal notice, Civil procedureFormal notice is a fundamental legal mechanism for establishing the non-performance of an obligation. At the crossroads of the law of obligations and enforcement procedures, this tool calls on a defaulting debtor before initiating formal proceedings. But how does this concept operate outside France and what are the consequences?Getting out of joint ownership of property: licitation-sharing
Licitation-partage, Civil procedureAn auction is a procedure for selling undivided property, even without the agreement of all the undivided co-owners. Here we look at how it works, how long it takes and how much it costs.Is a rental investor a consumer?
Civil procedureThe rental investor is sometimes described as a consumer, sometimes as a professional, depending on specific criteria. This has far-reaching consequences.Can an undivided property be seized?
Law of guarantees, securities and enforcement measures, Licitation-partage, Civil procedure, Seizure of immovable propertyAn undivided property can always be sold by auction. However, the procedure to be followed may vary.Order for payment and debt purchase
Injonction de payer, Civil procedureAn order for payment is a simplified debt recovery procedure. In some cases, these orders can be contested at a very late stage. What happens if a debt is assigned between the time the order is issued and the time it is contested? Late opposition to an order for payment The order for payment procedure is a simplified procedure for...What happens if the debtor dies?
Law of guarantees, securities and enforcement measures, Civil procedureIn the event of the death of the debtor of a writ of execution, there are ways of continuing to collect a debt. It all depends on the status of the estate. The debtor is deceased and his heirs are known When the creditor knows the debtor's heirs, the progress of recovery depends on...Opposition to an order for payment in brief
Injonction de payer, Civil procedureOpposition to an order for payment is a simple procedure that you need to understand to protect your interests. What is an order for payment? An order for payment is a simplified procedure that enables a creditor to obtain a writ of execution enabling him to recover a debt.Calculation of procedural time limits
Civil procedureA brief overview of the different ways of computerising procedural deadlines.Home service of a bailiff's document
Civil procedure, ServiceReceiving a document from a judicial officer, now known as a commissioner, is a decisive stage in many procedures. Far from being a mere formality, the service of a document is an essential legal moment that triggers deadlines and conditions the validity of an entire procedure. A mistake in this process...Pauline action
Action paulienne, Civil procedureThe action paulienne results from the provisions of article 1341-2 of the Civil Code, which states that "A creditor may also act in his own name to have acts done by his debtor in fraud of his rights declared unenforceable against him, provided that he establishes, in the case of an act for valuable consideration,...Service of a legal document
Civil procedureDespite the principle of personal service of legal documents (I), the exception of home service is becoming the rule (II). The principle of personal service Under the terms of article 654 of the Code of Civil Procedure: "Service must be made personally. Service on a...Death in the course of proceedings
Civil procedureThe death of a party during the course of proceedings may result in the proceedings being interrupted (I), although they may be resumed at a later date in accordance with specific procedures (II). I - Interruption of proceedings by death If several criteria are met, the death of a party will result in the proceedings being interrupted. Under article 370 of the Code of Civil Procedure...Proof of service of an order for payment
Injonction de payer, Civil procedureThe primary aim of the order for payment procedure is to surprise. First we condemn, then we discuss. Eventually. In many cases, the discussion does not begin until an enforcement order is issued, such as a summons to pay for the purposes of seizure and sale. That's when the element of surprise really kicks in...Property seizure appeal: is it too late to defend yourself?
Appeal, Law of guarantees, securities and enforcement measures, Seizure of propertyTo avoid having your property seized, you need to fight hard at first instance. By the time you appeal, it's too late. I. It's at first instance that it all comes down to it! Property seizure is a complex matter, and requires the involvement of competent professionals to understand the specifics and offer you the best...The diabolical proof, or probatio diabolica: a case study
Civil procedureIn law, certain situations present the litigant with a major difficulty: proving a fact that is so complex, so remote or so elusive that proving it becomes a real headache, a situation of probatio diabolica. This is what lawyers call probatio diabolica, or "proof of the devil". Far from being a...
EN 
FR