Publications
Banker's liability for the safe-deposit box: obligations, proof and grounds for exemption
By Raphaël MORENON12 August 2025Renting a safe deposit box from a bank is often seen as the ultimate in security for your most precious possessions. This confidence is based on the image of solidity and inviolability projected by banking establishments. However, in the event of a loss, theft or simple inability to access their valuables, customers can find themselves at a loss and faced with a complex process to have their loss recognised. The relationship between you and your bank in this context is not a simple lease; the entire legal framework of the bank safe deposit box contract is a specific construction, largely shaped by case law, which imposes far more onerous obligations on the banker than on a traditional lessor. Our firm, which specialises in banking liability litigation, can help you decipher the mechanisms of this liability, the challenges of proof and the defences available to the bank. The...
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> The practice of seizing propertyA practical, chronological and exhaustive study of the implementation of a property seizure procedure.
We put all our expertise to work to achieve a simple objective: to prevent a property seizure.
Invalidity on substantive grounds: when the procedural document is seriously affected
In the world of procedural law, not all nullities are created equal. Unlike formal defects, which are subject to a relatively flexible regime, substantive defects benefit from special treatment that reflects their seriousness. This 'nullity-sanction' applies to irregularities that affect the essential elements of the legal act. Defects of substance...Nullity for formal defects in civil proceedings: conditions and implementation
The rules on nullity for formal defects are a key point in civil procedure. They determine when and how a procedural document can be annulled for formal irregularity. These rules, codified in articles 112 to 116 of the Code of Civil Procedure, deserve particular attention....Defect in form vs. defect in substance: understanding the key distinction in nullity cases
In the procedural jungle, a fundamental distinction structures the entire system of nullities: that between formal and substantive defects. Far from being a mere theoretical quarrel, this dichotomy determines the outcome of many disputes for the simple reason that it determines the conditions and consequences...Opposition to default judgments: admissibility criteria
Litigation can sometimes bring unpleasant surprises. People may discover that a decision has been made against them in their absence. But all is not lost: the opposition procedure offers a second chance. But it is important to know when this recourse is possible. The principle: the concept of a judgment...Opposition in civil proceedings: definition and historical development
Although little known to the general public, opposition in civil proceedings is an essential part of our legal system. This remedy enables a party who is absent from a judgment to request that it be withdrawn. The scope of its application, which has been narrowed with each reform, is worth exploring. Technical definition of opposition Article 571...The devolutive effect of the opposition and the resulting proceedings
Opposition is an ordinary legal remedy that allows a defaulting party to have a default judgment set aside. Unlike an appeal, it brings the case back before the same court. Its special feature lies in its devolutive effect, which brings about a genuine revival of the proceedings. 1. Referral to court and...Legal action: who can lodge an objection and how?
In the course of a trial, a decision may be handed down even though one party has not been able to make its voice heard. In law, this situation gives rise to the possibility of lodging an "opposition" - a specific and strictly regulated legal remedy. Who can lodge an opposition and under what conditions? Here's how. 1. Who can lodge...When the State is accountable for its actions : Specific litigation before the Judicial Agent
In the shadows of the courts, cases are played out in which the State is called to account for its actions. These special types of litigation, in which the public authorities are held to account for their regalian activities, give rise to a law of exception. Here is an analysis of the main cases handled by the Agent judiciaire de...The territorial jurisdiction of the JEX: which judge to refer to and where?
Choosing the right Juge de l'Exécution (JEX) can make the difference between an effective procedure and a costly and time-consuming rejection. The territorial jurisdiction of the JEX is governed by specific rules that you need to master to maximise your chances of success. The principle of the jurisdiction option...Stay of execution: how do you suspend the effects of a JEX decision?
You have just lost before the enforcement judge (JEX). You think the decision is questionable and you want to appeal. Problem: this appeal has no suspensive effect. The decision remains immediately enforceable, with potentially irreversible consequences. A stay of execution is therefore your last resort to avoid enforcement...
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