Third party opposition

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  • Specific applications of third-party opposition in French law

    By Raphaël MORENON
    28 March 2025
    Third-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...
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