Article 1542 of the French Code of civil procedure
The participatory procedure provided for in articles 2062 to 2067 of the Civil Code is governed by the provisions of this Title.
Home | French Legislation Articles | French Code of civil procedure | Book V: Out-of-court settlement of disputes | Title II: Participatory procedure
The participatory procedure provided for in articles 2062 to 2067 of the Civil Code is governed by the provisions of this Title.
It takes place in accordance with a conventional procedure for seeking an agreement, followed, where appropriate, by a procedure for the purposes of judgment. It may also take place in the context of the proceedings, for the purposes of preparation before any court of the judicial order, whatever the procedure followed.
The parties, assisted by their lawyers, shall work jointly, under the conditions laid down in the agreement, to reach an agreement putting an end to the dispute between them or to the preparation of their dispute.
Other than the information provided for in the article 2063 of the Civil Code, the participatory procedure agreement shall mention the surnames, first names and addresses of the parties and their lawyers. The communication of claims and pleas in fact and in law, documents and information between the parties shall be made through their lawyers in accordance with the procedures laid down in the agreement; the latter shall bring them…
The participatory procedure agreement is amended in the same way as it was drawn up.
The parties may enter into a participatory procedure agreement for the purposes of readiness to proceed at any time during the proceedings. The parties may, at any time, expressly waive the right to rely on any plea in bar, any procedural exception and the provisions of Article 47, with the exception of those that arise or are revealed subsequent to the signing of the participatory procedure agreement. Where the parties…
Before the Court of Appeal, the information given to the judge of the conclusion of a participatory procedure agreement between all the parties to the appeal proceedings interrupts the time limits for concluding and lodging a cross-appeal referred to in Articles 905-2 and 908 to 910. The interruption of these time limits has effect until the judge is informed that the participatory procedure has ended.
A deed of procedure countersigned by a lawyer is drawn up jointly by the lawyers of the parties to a dispute which may or may not have given rise to referral to a court, outside or as part of a participative procedure. In particular, the parties may use documents countersigned by lawyers that are specified in the participatory procedure agreement: 1° List the facts or documents that were not listed…
Where the parties intend to use a technician, they shall select him by mutual agreement and determine his remit. The technician is remunerated by the parties in accordance with the terms agreed between them.
It is up to the technician, before accepting his assignment, to disclose any circumstances likely to affect his independence so that the parties can draw the conclusions they consider appropriate.
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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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