The provisions of articles 1565 and 1566 are applicable to settlements reached without recourse to mediation, conciliation or a participative procedure. In such cases, the matter is referred to the court by the earliest party or all the parties to the settlement.
Where the agreement reached by the parties to a mediation, conciliation or participatory procedure takes the form of a deed countersigned by the lawyers of each of the parties, this deed may, at the request of a party, be given the formule exécutoire. The application shall be made in writing, in duplicate, to the registry of the court of the applicant’s domicile that has material jurisdiction to hear the dispute…
Where the agreement relates to the arrangements for exercising parental authority, a note is made in the deed that the minor capable of discernment has been advised of his or her right to be heard and, where applicable, that he or she has not wished to make use of this option. Failing this, the court clerk will reject the application.
The deed countersigned by lawyers and bearing the executory formula, or the decision of refusal by the registrar, shall be delivered or sent to the applicant by simple letter. The duplicate of the application together with the copy of the deed and, where applicable, the decision of refusal by the registrar shall be kept at the registry.
Any interested person may lodge an application for the removal of the formule exécutoire with the court whose registry has affixed that formula. The application shall be lodged, investigated and judged in accordance with the rules of the accelerated procedure on the merits.
The provisions of this section shall apply to the transaction.
The present code is applicable to the Wallis and Futuna Islands in its wording resulting from decree n° 2023-686 of 29 July 2023 with the exception of the provisions of Titles IV and V of Book II, Articles 1074-2 to 1074-4, the fifth paragraph of Article 1145, Article 1146-1, Chapters IV and VI of Title II of Book III, Section IIa of Chapter IX of Title I of Book III…
For the application of this code in Wallis and Futuna, the terms listed below are replaced as follows: 1° “tribunal judiciaire” by: “tribunal de première instance”; 2° “tribunal de commerce” or “justice consulaire” by: “tribunal de première instance statuant en matière commerciale”; 3° “juge des contentieux de la protection” by: “président du tribunal de première instance”; 4° “procureur de la République” par : “procureur de la République près le tribunal…
The parties are never obliged to be represented and may in all circumstances defend themselves or be represented by a proxy.
The competence vested in bailiffs to issue the documents provided for in this code may be exercised in the Wallis and Futuna Islands by a representative of the administrative or military authority; that vested in auctioneers for auction sales may be exercised by the clerk of the court of first instance; that vested in notaries to receive for deposit in their minutes the divorce or legal separation agreement by mutual…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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