Third party opposition
Specific applications of third-party opposition in French law
By Raphaël MORENON28 March 2025Third-party opposition is 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 personal status, collective proceedings or divorce. 1. Adapting third-party proceedings to different legal matters The general principle is simple: "any judgment is subject to third-party proceedings unless the law provides otherwise" (art. 585 CPC). However, this liberal approach comes up against the specific features of certain types of litigation. The conditions under which third-party proceedings may be brought vary from one area of law to another. The Civil Code for personal status, the Commercial Code for collective proceedings, and various special provisions modulate its application. There is a tension between the protection of third parties and legal certainty. This explains why third-party proceedings are adapted to each area of law, sometimes...
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...