Title IV: Legal proceedings.

The initial application is the one by which a litigant takes the initiative in a lawsuit by submitting his or her claims to the judge. It introduces the proceedings.

The initial application shall be made by writ of summons or by application delivered or addressed to the court registry. The application may be made jointly by the parties. On pain of nullity, the initial application shall mention: 1° The name of the court before which the claim is brought; > The subject of the claim 2° The subject matter of the claim; 3° a) For natural persons, the surname,…

The summons is the bailiff’s act by which the plaintiff summons his opponent to appear before the judge.

The summons shall contain, on pain of nullity, in addition to the particulars prescribed for bailiff’s writs and those set out in Article 54 :

When made by the plaintiff, the application brings the matter before the court without his adversary having been informed in advance. When it is submitted or addressed jointly by the parties, it submits to the judge their respective claims, the points on which they disagree and their respective pleas in law. In addition to the information set out in article 54, also on pain of nullity: -when it is made…

Where this option is open to them under Article 12, the parties may, if they have not already done so since the dispute arose, give the judge, in the joint application, the task of ruling as amiable compositeur or bind him by the qualifications and points of law to which they intend to limit the debate.

The defendant must, on pain of being declared, even of his own motion, inadmissible in his defence, make known: a) If he is a natural person, his surname, forenames, profession, domicile, nationality, date and place of birth; b) If he is a legal person, its form, name, registered office and the body that represents it.