Publications

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...

Costs and expenses, Civil procedure

The judgement has finally come down, and it's in your favour. This is a decisive step, and often a relief after months or even years of proceedings. The decision also orders your opponent to reimburse you for the "costs" of the proceedings, i.e. the costs that have been advanced for the entire...

Just imagine: you're summoned to court, but you don't know exactly what you're accused of. Or worse, a decision is made against you without you having had a chance to present your arguments or respond to those of your opponent. Such a situation would not only be unfair, it would...

Judgement, Civil procedure

The judge has made his decision, and the verdict is in. For many people, this marks the end of a period of tension and uncertainty. However, from a procedural point of view, the delivery of the judgment is often only one stage in the process. Whether you have won your case or the decision has been...