Article 394 of the French Code of civil procedure
The claimant may, in any matter, withdraw his claim with a view to terminating the proceedings.
Home | French Legislation Articles | French Code of civil procedure | Book I: Provisions common to all courts | Title XI: Proceedings. | Chapter IV: Termination of proceedings. | Section II: Withdrawal of proceedings. | Sub-section I: Withdrawal of the claim at first instance.
The claimant may, in any matter, withdraw his claim with a view to terminating the proceedings.
The discontinuance is perfected only by the defendant’s acceptance. However, acceptance is not necessary if the defendant has not presented any defence on the merits or plea of inadmissibility at the time the plaintiff withdraws.
The judge shall declare the withdrawal perfect if the defendant’s non-acceptance is not based on any legitimate reason.
Withdrawal is express or implied; the same applies to acceptance.
Withdrawal of proceedings does not entail renunciation of the action, but only extinction of the proceedings.
Withdrawal entails, unless otherwise agreed, submission to pay the costs of the extinguished proceedings.
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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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