Article 571 of the French Code of civil procedure
The opposition seeks to have a default judgment set aside. It is only open to the defaulting party.
Home | French Legislation Articles | French Code of civil procedure | Book I: Provisions common to all courts | Title XVI: Appeals. | Sub-title II: Ordinary remedies. | Chapter II: Opposition.
The opposition seeks to have a default judgment set aside. It is only open to the defaulting party.
The opposition calls into question, before the same judge, the points judged by default for a new ruling on the facts and the law. The judgment against which an opposition has been lodged is only annulled by the judgment which retracts it.
The opposition shall be made in the form provided for the application to the court which handed down the decision. It may be made in the form of notifications between lawyers in courts where representation is compulsory. Where the opposition seeks to set aside a decision of a court of appeal rendered by default in a matter governed by the procedure without compulsory representation, it is made by a declaration…
The objection must contain the defaulter’s pleas.
If the opposition is made in the manner provided for in Article 573 (paragraph 2) it must, on pain of inadmissibility, be declared at the clerk’s office of the court which handed down the decision by the lawyer constituted by the defaulting party, within one month of the date on which it was lodged.
The case shall be investigated and judged in accordance with the rules applicable before the court that handed down the decision against which opposition has been lodged.
In the renewed proceedings, the admissibility of the respective claims of the claimant and the opponent are assessed, in relation to the original claim, in accordance with the ordinary rules.
Anyone who allows himself to be judged a second time by default is no longer entitled to lodge a new opposition.
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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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