Publications

Civil procedure, Request

When evidence is in danger of disappearing, article 145 of the Code of Civil Procedure offers a valuable tool. This procedure makes it possible to organise the preservation of evidence even before legal action is taken. Its legal mechanism needs to be clearly understood. Article 145: an essential preventive mechanism Article 145 of the Code...

Guarantees, securities and enforcement law, Seizure of land motor vehicles

Cars are often a significant part of a debtor's assets, making them a prime target for creditors. The law has developed specific enforcement mechanisms tailored to these valuable mobile assets. Among these, seizure by declaration represents an effective intellectual measure, distinct from the physical immobilisation of the vehicle. 1 Origins...

Acquiescence, Civil procedure

You have lost your case. You hesitate to appeal. In the meantime, you receive an invitation to pay the fines. You comply without reservation. Did you know that this simple payment could permanently deprive you of your right to appeal? This is the dreaded effect of implied acquiescence. For an in-depth analysis of the consequences...

Enforcement procedures involve a triangle of players: the creditor who claims what is owed, the debtor who must perform, and third parties who hold information or assets belonging to the debtor. Although often overlooked in legal analysis, third parties play a decisive role. Their collaboration can speed up the recovery of a debt...

Lending money to a loved one or extending a payment term is often based on trust. But over time, memories fade and relationships change. A disagreement may arise over the very existence of a debt. How do you prove that a sum has been lent? How can you guarantee repayment of a debt?

There's a term that's often used in contracts for variable-rate (var.) property or business financing: 3-month Euribor. This financial indicator, which reflects the short-term cost of money between banks in the eurozone, has a direct impact on your repayments. Its fluctuation, especially when there are marked variations in...

Judgement, Civil procedure

Just imagine: you have been divorced abroad, or a foreign court decision has established a parent-child relationship concerning you, or you have been appointed guardian of a relative by a court outside France. Do you systematically have to go through the exequatur procedure, which can be long and complex (described in our second...

We often think of the judge as the person who settles a dispute, who decides between two adversaries with opposing interests. However, sometimes you need to go to court even when there is no conflict and no declared adversary. This is the special field of "non-contentious matters", a lesser-known facet of the legal system...

Judgement, Civil procedure

Even if a foreign judgment seems perfectly official and final in its country of origin, it does not automatically receive a 'visa' to take full effect in France. Whether you are seeking to enforce a foreign judgment (via exequatur, as discussed in our previous article) or are concerned...

Judgement, Civil procedure

The common idea is that once a judgement has been handed down, it is final and puts an end to a case. To a large extent, this is true, not least because of the res judicata referred to above. However, court rulings can sometimes contain obvious errors, mistakes or...