Mentioning the place of residence in procedural documents is not just an administrative formality. It is a legal requirement, failure to comply with which may render the document null and void and jeopardise the success of any legal action.
Summons and reference to domicile
Legal requirements
On pain of nullity, the summons must contain the information required for bailiff's documents. Article 648 of the Code of Civil Procedure requires all bailiff's documents to state, if the claimant is a natural person, "his surname, first names, profession, domicile, nationality, date and place of birth".
The concept of 'domicile' used here should be understood as the place where the person has his or her principal place of business, in accordance with article 102 of the Civil Code. As the Cour de cassation has pointed out (Civ. 2e, 5 February 2009, no. 07-19.668), the deed must contain a reference to an exact and personal domicile.
Applicants located abroad
For summonses to appear before the Tribunal d'instance and the Tribunal de commerce, the Code of Civil Procedure sets out additional requirements. Articles 837 and 855 specify that if the plaintiff resides abroad, the summons must contain "the surname, first names and address of the person with whom he elects domicile in France". This election of domicile is necessary to enable subsequent communications with the applicant.
Penalties for non-compliance
The omission or inaccuracy of a statement of domicile is punishable by formal nullity.
However, pursuant to Article 114, paragraph 2 of the Code of Civil Procedure, such nullity will only be declared if the addressee proves the prejudice caused to him by the irregularity.
There are two main situations that can lead to a grievance:
- Inability to communicate with the offender
- Inability to enforce a judgment
The case law is clear: the absence or inaccuracy of a statement of domicile in a notice of appeal may give rise to a complaint if it is shown to be detrimental to the enforcement of the judgment (Civ. 2e, 14 June 2001, no. 99-16.582).
Other documents initiating proceedings
Joint application
The joint application is the document by which the parties jointly submit their claims to the court. In the case of natural persons, it must contain the surname, forenames, profession, domicile, nationality, date and place of birth of each of the claimants.
Under Article 57 of the Code of Civil Procedure, failure to include these particulars is punishable by inadmissibility. This inadmissibility concerns only the document itself and not the right of action. The parties may reintroduce the proceedings with a compliant document.
Unilateral application and declaration
Article 58 of the Code of Civil Procedure requires that these documents contain, on pain of nullity, the surname, first names, profession, domicile, nationality, date and place of birth of the claimant.
As in the case of the summons, an error in the statement of domicile constitutes a formal nullity requiring proof of a grievance (Civ. 1re, 19 November 2014, no. 13-18.902).
The defence
Article 59 of the Code of Civil Procedure requires the defendant to state his domicile, failing which his defence will be declared inadmissible.
This "inadmissibility" should not be interpreted as a definitive "fin de non-recevoir", but as a formal procedural exception requiring proof of a grievance, according to certain decisions of the Paris TGI (TGI Paris, 4 May 1999 and 21 November 2003).
An important case law update: according to the Cour de cassation (French Supreme Court), in the case of natural persons, appeal submissions must indicate their real domicile, failing which they will be inadmissible (Civ. 2e, 13 January 2022, no. 20-11.081).
Third-party declarations
The certificate
Article 202 of the Code of Civil Procedure requires that certificates state the surname, forenames, date and place of birth, place of residence and profession of the author.
Here, the term used is "demeure" and not "domicile". The author of the certificate can therefore mention his residence if he does not have a domicile.
These rules of form are not prescribed on pain of nullity (Civ. 1re, 30 November 2004, no. 03-19.190). The judge is free to decide whether a certificate that does not comply with these rules offers sufficient guarantees.
The survey
Article 210 of the Code of Civil Procedure states that witnesses must declare their surname, first names, date and place of birth, place of residence and profession. This information is recorded in the minutes of the hearing.
For ordinary investigations, Articles 223 and 224 require the party requesting an investigation to indicate the place of residence of the persons whose testimony it is requesting. This information must also be included in the decision ordering the investigation.
The declaration received by a technician
Under article 242 of the Code of Civil Procedure, the technician appointed to carry out an expert assessment may obtain information from any person. He must specify the surname, first names, place of residence and profession of the third parties heard.
As the Court of Cassation has pointed out (Civ. 1re, 13 January 1965), these declarations have the value of mere information.
The judgment and the arbitration award
Article 454 of the Code of Civil Procedure states that the judgment shall contain the surnames, first names or names of the parties and their domicile or registered office.
However, Article 458 does not make the absence of these particulars grounds for nullity. Case law confirms that, while these particulars are not prescribed on pain of nullity, it is sufficient for the judgment to contain certain particulars enabling the parties to be identified without risk of confusion (Soc. 6 July 1975).
As for the arbitration award, Article 1481 of the Code of Civil Procedure requires that it contain the full names of the parties and their domicile or registered office. However, failure to do so is not one of the grounds for setting aside listed in Article 1492.
Paying attention to the compulsory particulars of domicile is not just a matter of formalism. It is a procedural guarantee that ensures the identification of the parties and secures the enforcement of court rulings.
Our law firm can help you secure your procedural documents and avoid formal nullities. Do not hesitate to contact us for a preliminary examination of your draft documents.
Sources
- Code of Civil Procedure, articles 43, 56, 57, 58, 59, 202, 210, 223, 224, 242, 454, 458, 648, 655, 837, 855, 1481, 1492
- Civil Code, articles 102, 111
- Civ. 2e, 5 February 2009, no. 07-19.668 and no. 07-19.868
- Civ. 2e, 14 June 2001, no. 99-16.582
- Civ. 1st, 19 November 2014, no. 13-18.902
- Civ. 2e, 13 January 2022, no. 20-11.081
- Civ. 1st, 30 November 2004, no. 03-19.190
- Civ. 1st, 13 January 1965, Bull. civ. I, no. 39
- Jéremy JOURDAN-MARQUES, "Domicile, demeure et résidence", Répertoire de procédure civile, January 2017
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