Acquiescence is a legal act by which a party to a lawsuit waives the right to contest his opponent's claims or submits to a court ruling. Far from being a simple posture of submission, it is a strategic move, with often irreversible consequences, that deserves to be understood in all its nuances. Whether it is formalised by a signed document or inferred from behaviour, acquiescence puts an end to the legal debate in the case in progress and definitively commits the person who submits to it. Mastering this mechanism is therefore essential, and the support of our lawyers with expertise in procedural law can prove decisive in preserving your rights.
Definition and legal nature of acquiescence
Acquiescence is a procedural mechanism that formalises acceptance. Its legal nature and characteristics clearly distinguish it from other similar acts such as withdrawal or settlement, even though they all help to put an end to a dispute.
A unilateral and irrevocable legal act
Acquiescence is above all a unilateral act. It does not need to be accepted by the opposing party in order to take full effect immediately. As stated in article 410 of the Code of Civil Procedure (CPC), its validity depends solely on the will of the party consenting to it. Case law has repeatedly confirmed this principle, ruling in a famous decision that an "acquiescence does not need to be accepted by the opposing party to be perfect" (Civ. 2e, 18 Nov. 1999, no. 97-15.921). Once expressed, it is in principle irrevocable.
Distinction from discontinuance of proceedings and actions
Acquiescence should not be confused with discontinuance. Withdrawal of proceedings puts an end to the proceedings in progress but leaves the right to act intact. The plaintiff may therefore reintroduce legal proceedings on the same basis. Acquiescence in a claim, on the other hand, entails renunciation of the action itself, definitively extinguishing the right to contest. There is, however, a connection: article 403 of the Code of Civil Procedure (CPC) provides that withdrawal of an appeal entails acquiescence in the first instance judgment.
Difference with the transaction
A transaction, governed by article 2044 of the French Civil Code, is a contract involving mutual concessions by each party to put an end to a dispute. Acquiescence, on the other hand, is a unilateral recognition of the merits of the other party's claim or the judge's decision, without any consideration being required of the other party.
Forms of acquiescence: from express act to tacit acknowledgement
Acceptance of a claim or a judgement can take several forms. While the formal act is the most obvious, case law recognises that certain types of behaviour are tantamount to acquiescence, with the same radical consequences.
Express acquiescence: conditions of validity and formalities
Express acquiescence results from a clear and unequivocal expression of will. It may take the form of a declaration made in the course of proceedings or a written document, signed and drawn up by the party or his agent with a special power of attorney drawn up for this purpose. To be valid, it must emanate from a person with full capacity to dispose of his rights.
Tacit acquiescence through voluntary execution of a judgment
Acquiescence can also be tacit and result from the voluntary, unreserved execution of a court decision. For example, paying the full amount of a judgment that is not yet enforceable (non-enforceable judgment), without expressly reserving one's right to contest it, is almost systematically interpreted by the courts as tacit acquiescence. Such compliance unambiguously demonstrates a willingness to submit to the decision. An in-depth examination of tacit acquiescence through silence or voluntary compliance, particularly in commercial law where inaction before the commercial court can have serious consequencesreveals some essential nuances.
Implicit acquiescence through procedural behaviour
Passivity can also be costly. Acquiescence can be inferred from a party's conduct during the trial. For example, failure to raise a plea of lack of jurisdiction before any defence on the merits is tantamount to acquiescence in the jurisdiction of the court hearing the case. Similarly, participating unreservedly in an investigative measure ordered by the court, for example by the pre-trial judge, may imply recognition of his decision on this point.
Scope and consequences: acquiescence in the application vs. in the judgment
The effects of acquiescence differ radically depending on whether it occurs before or after the judgment. It is therefore essential to distinguish between acquiescence to the claim and acquiescence to the judgment.
Acquiescence to the claim: a waiver of the action
Acquiescence to the claim, provided for in article 408 of the Code of Civil Procedure (CPC), is the act of the defendant who acknowledges the validity of the adversary's claims before a judgment is handed down. This act has far-reaching consequences: it constitutes recognition of the debt or right claimed and, above all, a definitive waiver of the civil action itself. The dispute is extinguished and it will no longer be possible to raise it again.
Acquiescence in the judgment: a waiver of rights of appeal
A more common form of acquiescence is acquiescence in a judgment after it has been handed down. Under article 409 of the Code of Civil Procedure, acquiescence implies submission to the main points of the decision and waiver of the right to appeal (recours, pourvoi en cassation). The judgment then acquires the force of res judicata, becomes final and can no longer be contested. It is possible to accept only certain points of the judgment, provided that they are severable from the other points of the decision.
Acquiescence in specific proceedings: divorce, enforcement and arbitration
Over and above the general principles, acquiescence plays a particularly strategic role in certain disputes where the speed or finalisation of proceedings is a major issue.
The role of the deed of acquiescence in divorce proceedings
In divorce proceedings, a deed of acquiescence is a valuable tool for speeding up the post-judgment process. By signing a deed of acquiescence drawn up by their lawyer, the spouses waive their right to appeal. The divorce judgment thus becomes final without waiting for the one-month appeal period to expire. There is more than one model document for this formality, but it is crucial that it is drafted unambiguously. By taking this step together, the spouses can significantly speed up the transcription of the divorce in their civil status records, which is often what both spouses want.
Acknowledgement of enforcement proceedings: seizure and injunction to pay
Payment made without reservation following an attachment by a bailiff may be considered as tacit acquiescence to the judgment on which the attachment is based. Similarly, the importance of the role of acquiescence in the context of an order for payment. Failure to oppose an order for payment within the time limit set out in the law constitutes acquiescence, as this provision confers enforceability and finality on the order.
Acquiescence in arbitration law: waiver of remedies
Arbitration law, which is often used by companies to settle complex commercial disputes, also includes the practice of acquiescence. It should be noted that the specific features of acquiescence in arbitration law. In this case, it takes the form of a waiver by one party of its right to bring an action to set aside the arbitration award. The agreement of the parties is essential here. Such a waiver, which is often provided for in international arbitration agreements, particularly when the place of arbitration is chosen for its law favourable to the purpose of the awards, makes the award immediately final and enforceable.
Conditions, limits and proof of acquiescence
Acquiescence is not possible in all matters, and proving it can raise difficulties, particularly in the digital age.
Limits relating to public policy and unavailable rights
Acquiescence is only possible for rights that are freely available to a party. It is therefore excluded in matters that concern public policy or the proper functioning of a public service, such as personal status (filiation, nationality). It is not possible, by simple acquiescence, to recognise or renounce a parentage. Specific rules also protect protected adults, whose acquiescence is strictly regulated.
How to prove acquiescence? From written to digital evidence
Proof of express acquiescence is provided by the production of the written document or the judge's notes of the hearing. In the case of tacit acquiescence, it is based on a body of evidence demonstrating an unequivocal willingness to submit. The dematerialisation of proceedings raises new questions, in particular about the validity of an acquiescence transmitted electronically, for example by a digitally signed e-mail on a date certain. Case law, in a recent case from December 2022, recognises the validity of an electronic signature if it complies with the reliability conditions of the implementing decree (such as decree no. 2017-1416 of 28 September 2017), guaranteeing its imputability to the signatory. Legal news highlights the challenges of proving acquiescence, particularly for electronic documents (see for example the commentary under the judgment of the First Civil Chamber of the Court of Cassation, 15 December 2021, appeal number 20-10.428, in RTD civ. 2022. 123).
Strategic issues: how to avoid involuntary acquiescence?
Since acquiescence has far-reaching consequences, it is essential to act cautiously to avoid being accused of involuntary acquiescence.
Drafting reservations: an essential precaution
To avoid a payment or the execution of a judgement being interpreted as acquiescence, it is imperative to formulate clear and precise reservations. The simple phrase "subject to all reservations" in a hastily signed document may be deemed insufficient by a court. It is strongly recommended that you state explicitly in writing that enforcement is "subject only to the right of appeal" or "without recognition of rights and subject to all remedies".
Consequences of acquiescence: loss of rights and remedies
It should be borne in mind that an acquiescence, whether to the claim or to the judgment, is a serious and final act. Making an error of assessment in such a case can be fatal. It entails the loss of the right to contest, to take legal action or to exercise a right of appeal. This decision must therefore form part of a carefully considered litigation strategy, weighing the cost of a long and uncertain procedure against the certainty provided by acquiescence.
The complexity of acquiescence, its varied forms and its irreversible consequences require a rigorous analysis of each situation. Our firm is at your disposal to advise you and define the best strategy to adopt in your disputes.
Frequently asked questions
What is acquiescence in law?
Acquiescence is a unilateral act by which a party to a lawsuit accepts his opponent's claims (acquiescence to the claim) or submits to a court decision that has already been handed down (acquiescence to the judgment), thereby waiving any dispute.
What is the difference between express and tacit acquiescence?
Express acquiescence results from a clear and formal declaration (signed deed, statement in court). Tacit acquiescence is inferred from unequivocal behaviour, such as voluntary compliance with a judgment without expressing reservations.
What is the main consequence of acquiescing in a judgment?
The major consequence is the definitive renunciation of all avenues of appeal (appeal, cassation). The judgment then becomes irrevocable, acquires the force of res judicata and can be enforced.
Why sign a deed of acquiescence in a divorce?
Signing a deed of acquiescence speeds up the procedure after the judgment. By waiving their right to appeal, the spouses make the divorce decree final more quickly, which in turn speeds up its transcription into civil status records.
Is it possible to acquiesce in only part of a judgment?
Yes, acquiescence can be partial. A party may decide to accept certain points of the judgment (for example, the principle of a conviction) while reserving the right to appeal on other points of the decision (such as the amount of damages, an issue often debated in court).
How can I avoid involuntary acquiescence when enforcing a court order?
To avoid a payment or an act of performance being interpreted as tacit acquiescence, it is crucial to accompany it with express and precise reservations, stating for example that performance is made "subject only to the exercise of the right of appeal".
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