Article 325 of the French Code of civil procedure
November 8, 2023
Intervention is admissible only if it is connected to the parties’ claims by a sufficient link.
Intervention is admissible only if it is connected to the parties’ claims by a sufficient link.
If the intervention risks excessively delaying the judgment on the whole, the judge shall first rule on the principal cause, unless he then rules on the intervention.
Intervention at first instance or on appeal may be voluntary or compulsory. The only intervention admitted before the Cour de cassation is voluntary intervention made as an accessory matter.
Voluntary intervention is principal or accessory.
An intervention is principal when it raises a claim for the benefit of the person making it. It is admissible only if its author has the right to act in relation to that claim.
An intervention is ancillary when it supports the claims of a party. It is admissible if its author has an interest, for the preservation of his rights, in supporting that party. An intervener in an ancillary capacity may unilaterally withdraw his intervention.
A third party may be impleaded for the purposes of condemnation by any party who is entitled to act against him as principal. He may also be impleaded by the party who has an interest therein in order to make the judgment common to him. The third party must be called in good time to put forward his defence.
The judge may invite the parties to put in evidence all interested parties whose presence he deems necessary for the resolution of the dispute. In non-contentious matters, he may order the putting in evidence of persons whose rights or burdens are likely to be affected by the decision to be taken.
The third party defendant is required to proceed in the court in which the original claim was brought, without being able to decline the territorial jurisdiction of that court, even by invoking a jurisdiction clause.
The guarantee is simple or formal depending on whether the guarantee claimant is himself sued as personally obliged or only as the holder of property.
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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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