During a trial, it can happen that a decision is handed down even though a 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 file an objection?
An action reserved for the defaulting party
Article 571 of the Code of Civil Procedure clearly defines that only the party who fails to appear in court may lodge an opposition. This is an exclusive remedy, known as a "designated action".
"The opposition is only open to the defaulting party". (article 571, paragraph 2 of the Code of Civil Procedure)
This logical restriction can be explained: the opposition aims to restore the adversarial process for those who were unable to express themselves during the first trial.
Right to object may be transferred
Although strictly personal, this action can be passed on in certain cases:
- To the legal representatives
- To the universal successors
- To creditors acting by derivative action (article 1166 of the Civil Code)
A point often overlooked: article 534 of the Code of Civil Procedure allows a party's legal representatives to lodge an objection in their own name after ceasing to hold office, if they have a personal interest in doing so.
What the initial applicant cannot do
A claimant whose claim has been partially dismissed cannot use the opposition to resubmit his claim. The case law is clear: this restriction only applies if the heads of claim are clearly dissociated (Civ. 2e, 17 November 1993, no. 91-20.186).
2. Interest and capacity to act
A natural and current interest
No action without interest - this maxim fully applies to opposition. The defaulting party must prove a grievance arising from the decision rendered by default.
Important point: the mere fact that a decision has been rendered in absentia does not automatically constitute a grievance. There must be a conviction, even a partial one.
Legal capacity
As with any legal action, the opposing party must have legal capacity to act. The rules of ordinary law apply in this case, with no notable exceptions.
Practical detail: the representatives (universal or universal successors in title) may lodge an objection on behalf of the defaulting party under the same conditions as the defaulting party.
3. Deadlines for lodging objections
The principle: one month from notification
Article 538 of the Code of Civil Procedure sets a time limit of one month in contentious matters. This period runs from notification of the default judgment (article 528 CPC).
The calculation is based on the standard rules set out in articles 640 et seq. of the Code of Civil Procedure, including adaptations for distance periods.
A pitfall to avoid: do not confuse with the time limit for lodging an appeal. Case law states that an appeal against a default judgment is only admissible once the time limit for lodging an objection has expired (Com. 25 June 1991, no. 89-18.560).
The critical impact of article 478 CPC
A rule that is often overlooked: judgments rendered by default must be notified within six months or they will be considered null and void.
This rule offers a loophole to the defaulting party, who does not need to lodge an opposition if notification has not been made within this period. He can simply refer the matter to the enforcement judge if enforcement of the judgment is undertaken.
The request The purpose of "seeking to have a judgment declared null and void is to render it unenforceable". (Civ. 2e, 16 May 2013, no. 12-15.101)
4. Exceptions to the general time limit
Specific deadlines for different subjects
Certain procedures are exempt from the one-month time limit:
- In summary proceedings: fifteen days (article 490, paragraph 3 CPC)
- For collective proceedings: ten days (article R. 661-2 of the French Commercial Code)
These specific deadlines are explained by the urgent nature of these procedures.
Statement of foreclosure
A defaulting party who was unaware of the judgment through no fault of his own may apply for relief from the foreclosure within one year of being notified (article 540 CPC).
Caution: in the event of irregular notification, the courts may not blame the defaulting party for not having requested a statement of limitation (Civ. 2e, 3 May 2007, no. 06-10.949).
Case of a change in the status of a party
Articles 531 and 532 of the Code of Civil Procedure provide for the interruption of the opposition period in the event of :
- Change in the capacity of a party served with the judgment
- Death of the party notified of the judgment
In such cases, the time limit does not start running again until the parties entitled to receive it have been notified again.
Apart from these technical considerations, opposition remains an exceptional means of appeal, now limited by the reduction in the number of judgments handed down in absentia. It is essential for any litigant wishing to challenge a decision rendered in his or her absence to be able to exercise this right.
Do you need help challenging a court decision made in your absence? Our law firm can help you analyse your situation and take appropriate action. A simple appeal can make the difference between accepting an unfavourable decision and being able to assert your rights.
Sources
- Code of Civil Procedure, articles 571 to 578 (opposition), 538 (time limit), 528 (starting point), 534 (legal representatives), 540 (relief from foreclosure)
- French Civil Code, article 1166 (action oblique)
- Civ. 2e, 17 November 1993, no. 91-20.186, Bull. civ. II, no. 326
- Com. 25 June 1991, n°89-18.560, Bull. civ. IV, n°230
- Civ. 2e, 16 May 2013, no. 12-15.101, Bull. civ. II
- Civ. 2e, 3 May 2007, no. 06-10.949, Bull. civ. II, no. 119
- Marie-Emma BOURSIER, Élisabeth BOTREL, "Opposition", Répertoire de procédure civile, Dalloz, March 2014
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