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Sub-section II: Default judgments and judgments deemed to be contradictory.

Article 471 of the French Code of civil procedure

A defendant who does not appear may, on the initiative of the plaintiff or on a decision taken ex officio by the judge, be invited to appear again if the summons was not delivered in person. Subject to the application of rules specific to certain jurisdictions, the summons is repeated in the same manner as the first summons. The judge may, however, order that it be made by a bailiff’s…

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Article 473 of the French Code of civil procedure

When the defendant does not appear, the judgment is rendered by default if the decision is final and if the summons was not delivered in person. The judgment is deemed to be contradictory when the decision is subject to appeal or when the summons was delivered in person to the defendant.

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Article 474 of the French Code of civil procedure

In the event of a plurality of defendants summoned for the same matter, where at least one of them does not appear, the judgment is deemed to be contradictory with regard to all of them if the decision is subject to appeal or if those who do not appear have been summoned in person. Where the decision is not subject to appeal and at least one of the parties who…

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Article 475 of the French Code of civil procedure

The judge may not rule before the expiry of the longest time limit for appearance, on first or second summons. He shall rule in respect of all the defendants in a single judgment, unless the circumstances require that he rule in respect of some of them only.

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Article 478 of the French Code of civil procedure

A judgment rendered by default or a judgment deemed to be contradictory on the sole ground that it is subject to appeal is null and void if it has not been notified within six months of its date. Proceedings may be resumed after reiteration of the initial summons.

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