Nullity
The fundamentals of nullity in civil proceedings
By Raphaël MORENON24 March 2025In 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, and not all irregularities have the same consequences. Definition and nature of nullity in civil procedure Nullity is defined as "the penalty imposed on a juridical act when it lacks a condition of validity; the act is then retroactively annulled" (Terré, Simler and Lequette, Les obligations, 11th ed., 2013). In the procedural context, it applies to acts of the parties, to the exclusion of acts of the judge, which are subject to a separate regime. The means of invoking this nullity is the procedural exception, defined in article 73 of the Code of Civil Procedure as "any plea which tends to...
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. Although apparently simple, this dichotomy conceals real practical complexities that can swing the outcome of a trial. The fundamental distinction in positive law The formal defect...
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