In the procedural maze, acquiescence acts like a Swiss Army knife. Sometimes it brings a dispute to a definitive close, sometimes it blocks appeals against a decision. Yet this legal recognition of the validity of opposing claims or acceptance of a judgment is often misunderstood. What are its real effects? How does it affect the parties to the case and sometimes third parties? For a clear definition and essential principles of acquiescence in civil lawFor more information, see our dedicated article.
1. When acquiescence becomes final
Acquiescence is a unilateral legal act that does not need to be accepted by the other party to be perfect. For it to be effective and irrevocable, it is essential to know strict conditions of validity. As specified in Article 410 of the Code of Civil Procedure, it may be express or implied.
Once given, it is generally irrevocable. This is a key point: you cannot go back on your decision. The Court of Cassation has confirmed this principle on numerous occasions, notably in a ruling of 22 June 1977 (Civ. 2e, 22 June 1977, Bull. civ. II, no. 158).
A notable exception is article 409 paragraph 2 of the Code of Civil Procedure, which provides that a party who has acquiesced may appeal again if his opponent subsequently lodges an appeal. This is a narrow but sometimes life-saving way out.
2. Effects of acquiescence to the claim
Recognition of the merits
When you agree to the claim, you fully acknowledge the merits of your opponent's claims. Article 408 paragraph 1 of the Code of Civil Procedure is crystal clear: "Acquiescence in the claim implies recognition of the merits of the adversary's claims and waiver of the action.
This legal admission is complete. You admit the substantive right your opponent is asserting. If you are the defendant, this is the equivalent of the plaintiff discontinuing the action.
Waiver of action
The most radical effect: you renounce your action. This waiver means that any subsequent claim relating to the same subject matter can be dismissed.
Articles 123 and 124 of the Code of Civil Procedure make it possible to raise this objection in any event, without even having to justify a grievance. The proceedings are terminated immediately, as the Social Division pointed out in its decision of 4 October 2011 (Soc. 4 Oct. 2011, no. 10-15.249, Bull. civ. V, no. 223).
3. Effects of acquiescence in the judgment
Submission to the heads of judgment
Article 409 of the Code of Civil Procedure states that "acquiescence in the judgment entails submission to its terms".. Adherence implies voluntary compliance with the decision.
However, it should be noted that acceptance of one part of the judgment extends to the other parts only if there is a necessary or indivisible link between them. The Court of Cassation made this clear in a judgment of 25 February 1987 (Civ. 2e, 25 Feb 1987, no. 85-12.491).
When the leaders are distinct and independent, acquiescence to one does not imply submission to the others.
Waiver of rights of appeal
The major consequence is that you waive your right to appeal. This waiver applies to all legal remedies, whether ordinary (appeal, opposition) or extraordinary (appeal to the Supreme Court).
Any appeal lodged despite an acquiescence will be declared inadmissible. This objection may be raised in any event (article 123 of the Code of Civil Procedure), but is not a matter of public policy. The judge is therefore not obliged to raise it ex officio.
Reaction options
What happens if your opponent appeals against your acquiescence? The good news is that you once again have the opportunity to defend yourself. Article 409 paragraph 2 of the Code of Civil Procedure provides that an appeal becomes possible again if the other party regularly lodges an appeal after the acquiescence.
In a decision of 10 July 1991 (Civ. 2e, 10 July 1991, no. 90-15.446), the Cour de cassation even ruled that when a judgment contains several distinct counts and a party lodges an appeal limited to one of them, the respondent may incidentally appeal the other counts, even if it had previously executed the judgment.
4. Scope in relation to parties and third parties
Multiple parties and solidarity
Acquiescence has effect only in relation to the party who made it. The Court of Cassation has clearly established this: "acquiescence benefits only the parties to the proceedings". (Civ. 2e, 28 Oct. 1987, no. 86-13.574).
Where there are several parties, acquiescence by one of them cannot be set up against the others, unless the case is indivisible. The Social Division confirmed this in a judgment of 5 March 1997 (no. 94-40.848): acquiescence given by an employer to the judgment in a dispute between him and his employee is not enforceable against ASSEDIC, a necessary party to the dispute.
This rule also applies where the parties are jointly and severally liable. Acquiescence by one joint and several debtor does not imply acquiescence by the others.
Third parties (guarantors, heirs, creditors)
As acquiescence is divisible, the guarantor is not bound when the principal debtor acquiesces. The same applies to the guarantor.
On the other hand, heirs are bound by the acquiescence of their heir, as the Second Civil Chamber ruled on 20 February 1991 (no. 89-14.003). Unsecured and hypothecary creditors are also bound by the debtor's acquiescence, except in the case of fraud.
For third parties called upon to enforce the judgment, articles 504 and 506 of the Code of Civil Procedure provide that proof of enforceability may result from the acquiescence of the convicted party.
The non-enforceable judgment trap
Did you know that unconditional compliance with an unenforceable judgment is equivalent to acquiescence? Article 410 paragraph 2 of the Code of Civil Procedure expressly provides for this. This form oflegal or voluntary compliance has direct implications for the waiver of rights of appeal.
This is a classic trap: you voluntarily execute a judgment that is not enforceable, without expressing any reservations, and you lose all possibility of appeal at the same time. The Second Civil Chamber pointed this out on 15 November 1995 (no. 93-20.093): "the unqualified execution of an unenforceable judgment is deemed to constitute acquiescence, without it being necessary to determine whether or not the party who executed the judgment intended to acquiesce.
Vigilance is essential when voluntarily enforcing a court order.
Vigilance and strategy: the importance of sound advice
Acquiescence is a mechanism with far-reaching and often irreversible consequences. A simple letter, unconditional payment or voluntary performance can close the door on recourse for good.
There is no room for error in this area. Before acquiescing or executing a decision, consult a lawyer who will analyse your situation and the potential consequences. Our firm is available to help you make the right procedural choices and avoid the pitfalls of involuntary acquiescence. For a perfect command of these subtleties, our expertise in procedural law is at your disposal..
Not sure what strategy to adopt? Contact us for an initial assessment of your case.
Sources
- Code of Civil Procedure, articles 408 to 410, 123, 124, 504 and 506
- Civ. 2e, 22 June 1977, Bull. civ. II, no. 158
- Soc. 4 Oct. 2011, no. 10-15.249, Bull. civ. V, no. 223
- Civ. 2e, 25 Feb 1987, no. 85-12.491, Bull. civ. II, no. 54
- Civ. 2e, 10 July 1991, no. 90-15.446, Bull. civ. II, no. 213
- Civ. 2e, 28 Oct. 1987, no. 86-13.574, Bull. civ. II, no. 211
- Soc. 5 March 1997, no. 94-40.848, Bull. civ. IV, no. 100
- Civ. 2e, 15 Nov. 1995, no. 93-20.093, JCP 1996. II. 22596
- Y. Strickler, "Acquiescence", Répertoire de procédure civile, Dalloz, April 2021
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