Only the parties initiate the proceedings, except where the law provides otherwise. They are free to terminate it before it is extinguished by the effect of the judgment or by virtue of the law.
The parties conduct the proceedings under the charges incumbent upon them. It is their responsibility to perform the procedural acts in the required form and time.
The judge ensures that the proceedings run smoothly; he has the power to set time limits and order the necessary measures.
The subject matter of the dispute is determined by the respective claims of the parties. These claims are set out in the document instituting the proceedings and in the pleadings in defence. However, the subject matter of the dispute may be modified by incidental claims where these are linked to the original claims by a sufficient connection.
The judge must rule on everything that is requested and only on what is requested.
In support of their claims, the parties have the burden of alleging the facts on which they are based.
The judge may not base his decision on facts that are not in the debate. Among the elements of the debate, the judge may take into consideration even facts that the parties would not have specifically invoked in support of their claims.
The judge may invite the parties to provide such explanations of fact as he considers necessary for the resolution of the dispute.
Each party has the burden of proving in accordance with the law the facts necessary for the success of its claim.
The judge has the power to order ex officio all legally permissible investigative measures.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
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