Call Us + 33 1 84 88 31 00

Article 849-21 of the French Code of civil procedure

Substitution in the rights of the defaulting claimant shall be made by way of incidental application. Where the court grants a request for substitution of a defaulting claimant, it shall rule, upon receipt of submissions to that effect, on the transfer of all or part of the advance that may have been awarded pursuant to the dispositions de l’article 68 de la loi du 18 novembre 2016 susmentionnée. Substitution entails…

Read More »

Article 850 of the French Code of civil procedure

I.-On pain of inadmissibility raised ex officio, in matters of ordinary written procedure and procedure on a fixed date, the procedural documents with the exception of the application mentioned in Article 840 shall be delivered to the court by electronic means. II.-Where a document cannot be transmitted by electronic means for a reason unrelated to the person completing it, it shall be drawn up on paper and delivered to the…

Read More »

Article 851 of the French Code of civil procedure

The judge responsible for supervising the execution of measures of inquiry, appointed under the conditions of Article 155-1, is competent to supervise the investigative measures ordered in summary proceedings, unless otherwise decided when the judges are allocated to the different chambers and departments of the court. He also has jurisdiction over measures ordered by the pre-trial judge pursuant to Article 789, unless the latter reserves control of them.

Read More »

Article 852 of the French Code of civil procedure

The president of the judicial court may delegate to one or more magistrates all or part of the powers vested in him under this book. The Presidents of Chambers may likewise delegate to the magistrates of their Chambers all or part of the functions assigned to them by Subtitle II.

Read More »

Article 853 of the French Code of civil procedure

The parties shall, unless otherwise provided, be required to constitute a lawyer before the Commercial Court. The constitution of the lawyer entails election of domicile. The parties are exempt from the obligation to constitute a lawyer in the cases provided for by law or regulation, where the claim is for an amount less than or equal to 10,000 euros or where it arises from the performance of an obligation the…

Read More »

Article 855 of the French Code of civil procedure

In addition to the information prescribed by articles 54 and 56, the surname, first names and address of the person with whom the claimant elects domicile in France if he or she resides abroad. The document instituting proceedings shall also mention the conditions under which the defendant may or must be assisted or represented, where applicable, the name of the claimant’s representative and, where it contains a claim for payment,…

Read More »

Article 857 of the French Code of civil procedure

The matter is referred to the court, at the request of either party, by delivering a copy of the summons to the court registry. This remittance must take place no later than eight days before the date of the hearing, failing which the summons will lapse automatically by order, as the case may be, of the president or of the judge hearing the case, or, failing this, at the request…

Read More »

Article 858 of the French Code of civil procedure

In urgent cases, the time limits for appearance and delivery of the summons may be reduced by authorisation of the president of the court. In maritime and aviation matters, the summons may be given, even from hour to hour, without authorisation of the president, where there are non-domiciled parties or where urgent and provisional matters are involved.

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.