Civil procedure in France

The civil procedure relates to the whole of the formalities which must be accomplished and followed in front of the jurisdictions of the legal civil matter order, commercial and social, so that a person can subject her business to justice.

Phases of the civil procedure

  • the introductory request for authority (initial request): it is introduced either by assignment of a Bailiff, or by joint request of the two parts.
  • the Put in state: the judge checks the admissibility of the action, if the file is complete or not, and makes sure of the respect of the Principe of contradictory the.
  • the audience: hearing of the parts or their lawyers.
  • the decision or judgment: pronounced decision, put on of deliberated.

The legal organization

Jurisdictions

See also: jurisdictional Organization (France)

The competence of the jurisdictions

See also: Competence (right)

The lawsuit

The legal action

One can classify in the following way the various actions
  • action in rems, personal and mixed
- the action in rem is the action by which one asks that be recognized a real Droit on a building, and more rarely on a piece of furniture.
- the action is known as personal when it aims at making recognize or sanction a personal Droit, whatever is the source (Convention, Délit, Loi, Quasi-contrat…)
  • actions movable and real: the movable action sanctions a personal or real right on a piece of furniture or a credit. The real action relates to the buildings.
- claim of ownership: action which blames a real right in rem, in particular property right.
- possessory action: action tending to protect the possession and even peaceful detention from a building.

Interest to act

See also: Interest to act

Quality to act

See also: Quality to act

Forms of the legal action

  • the requests
A/ Various categories of requests B: effects of the requests
  • means of defense
A/ Defenses at the bottom B/ Exceptions of procedures C/ Ends not to receive

Course of the authority

  • the role of the parts
  • the role of the judge
  • the principle of contradiction:

    See also: Principle of contradictory the

Procedural documents

  • the drafting of the acts: the drafting of written conclusions, in which the parts explain in fact and in right, their argumentation and their requests is not an obligation in the oral procedures, i.e. those for which the representation by a lawyer is not obligatory (procedure in front of the Magistrates' court, the Court of the arbitration, the Juge of the execution, the penal jurisdictions…). There remains however preferable to put its claims in writing. On the other hand, in the procedures with obligatory representation by a lawyer (in front of the Court of Bankruptcy) or a solicitor (in front of the Court of Appeal…), this one must write acts (assignment, request, conclusions) which state the means in fact, of right and the requests because the judge will rule only on what is claimed in writing.
  • Significance or Notification of the acts
  • the sanction of the irregularities
the time of procedure
acts of the judges

Procedure without incident

With - contradictory procedure In front of the TGI, TI, bankruptcy court, the Conciliation boards
  • Introduction of the authority
  • the setting in the state
  • the go down for hearing pleadings

B - Procedure by defect

  • Defect of appearance of applicant
  • Defect of appearance of the defendant

C - Non-contentious matter procedure

Incidents of procedure

With - incidents relating to the proof
  • elements provided by the parts
  • the measurements of instruction taken by the judge
- personal Checks of the jge
- personal Appearance
- Declarations of the thirds
- Measurements of instruction entrusted to a technician: legal competence
  • the legal oath

B - Incidents relating to the authority

The audience of the pleadings

The judgment

Various categories of judgment

  • the judgment on the front funds and judgment to say right
  • the gracious judgment and the contentious judgment
  • the ordinary judgment and judgment of dispatch (agreed)

Development, the delivery and the notification of the judgments

Effects of the judgments

  • dispossession of the judge
  • the Authority of the final decision
  • the executory force of the judgments: it is the quality recognized by the law with a legal document, the such gross of a notarial act, a judgment or an award, which can be the subject of a forced intervention entrusted to the care of a public officer.

Court fees

  • the Costs
  • expenses not included/understood in the costs: In French right in particular, the law envisages (article 700 of the Nouveau code of civil procedure) that the judge can grant to one parts with the lawsuit (in theory that which sees its recognized claims) a judicious sum to cover the expenses which it engaged within the framework of the procedure and which is not included/understood in the costs. It is in particular a question of enabling him to be made refund by the adversary whole or part of the fees of its lawyer.
  • jurisdictional assistance: to see jurisdictional Assistance

Grounds for appeal

The call

See also: Call (French justice)

Opposition

See also: Opposition (right)

Opposition by third party

See also: Third-opposition

The petition for review

The appeal

See also: Appeal

The arbitration

See: the arbitration

Mediation

See: Mediation

Ways of execution

See also: Way of execution

External bonds

  • acts of the palate for null the

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