Publications

State judicial agent, Civil procedure

Although the Judicial Agent of the State (AJE) has a monopoly on representing the State before the courts, particularly when it comes to the liability of the State and its judges, there are important limits to this principle. In certain areas, representation of the State is entrusted to other entities. These exceptions may go unnoticed...

Guarantees, securities and enforcement law, European Enforcement Order

Imagine this situation: your company has just obtained a judgment against a French debtor, but its assets are located in Germany. How do you enforce this decision without going through an exequatur procedure? The European Enforcement Order (EEO) offers a solution. This mechanism, introduced by Regulation (EC) No 805/2004, enables companies to enforce their...

Guarantees, securities and enforcement law, Enforcement judge

When your debtor is in danger of becoming insolvent, every day counts. Protective measures allow you to freeze your debtor's assets or claims to guarantee payment of your debt. The enforcement judge (JEX) plays a central role in these preventive measures. Authorisation for precautionary measures Conditions required To obtain a precautionary...

Bank account, Banking and securities law

Money deposited in a bank account is subject to legal rules that are often little understood. However, this common relationship between banker and customer conceals complex mechanisms that can affect your rights in the event of a dispute. What is a bank deposit? A bank deposit is a transaction whereby a person...

Deadlines, Civil procedure

There is a fundamental rule to be observed when exercising a right of appeal: deadlines must be respected. For an overall understanding of the fundamentals of these time limits, including their definitions and objectives, it is essential to know that a day's delay means a lost opportunity to challenge. Time running out...

A flexible and effective legal tool in French law, the summons is a formal act by which one person, through the intermediary of a court commissioner, enjoins another to do or not to do something, without it being a summons to appear before a court....

How much does a lawsuit really cost? Behind this question lies a little-known but essential legal mechanism: the costs tax. This system protects litigants against excessive claims by court officers and enables them to obtain reimbursement of costs incurred. Definition and origin of the tax The...

The issue of lawyers' fees often raises questions. Between regulated fees and contractual freedom, the French system is somewhat complex. Understanding the rules governing lawyers' fees can help avoid many misunderstandings. Dual remuneration for lawyers The French system distinguishes between two types of remuneration...

When the court appoints an expert, a precise legal mechanism is set in motion to determine his remuneration. This system protects the parties while ensuring that the expert receives fair compensation for his work. Prohibition of direct payment The court-appointed expert may not receive payment directly from the parties. Article...

Civil procedure, Third party opposition

Third-party proceedings are an extraordinary legal remedy with complex ramifications. Article 585 of the Code of Civil Procedure opens up a wide range of possibilities, yet it must be adapted to the specific nature of each legal matter. This adaptation is necessary. The issues at stake differ depending on whether we are talking about the status of individuals, collective proceedings or...