Removal from the roll and withdrawal from the roll are measures of judicial administration. Unless the proceedings have lapsed, the case shall be reinstated, in the event of removal from the roll, on proof of the completion of the steps the failure of which had led to the removal or, in the event of withdrawal from the roll, at the request of one of the parties.
Except in cases where this effect results from the judgment, proceedings are extinguished incidentally to the action by the effect of a settlement, acquiescence, discontinuance of the action or, in non-transferable actions, by the death of a party. The termination of the proceedings is recorded by a decision to relinquish jurisdiction. It is for the judge to give enforceability to the deed recording the agreement of the parties, whether it…
Principally, the proceedings are extinguished by the effect of the lapse of time, the discontinuance of the proceedings or the lapse of the summons. In these cases, the finding that the proceedings are extinguished and that the court is no longer seised of the case does not preclude the institution of new proceedings, if the action is not otherwise extinguished.
Proceedings lapse when neither party takes any action for two years.
Peremption may be requested by any of the parties. It may be set up by way of exception against a party who performs an act after the expiry of the period of lapse.
It must, on pain of inadmissibility, be requested or opposed before any other plea; it is a matter of right. The judge may establish it of his own motion after inviting the parties to present their observations.
The lapse of time does not extinguish the action; it merely extinguishes the proceedings without any of the acts of the lapsed proceedings ever being set up against or relied upon.
The lapse of time on appeal or opposition confers on the judgment the force of res judicata, even if it has not been notified.
The limitation period runs against all natural persons or legal entities, even minors or protected adults, except their recourse against their legal representative or the person in charge of the legal protection measure.
Interruption of the proceedings entails interruption of the time limit. This time limit continues to run in the event of suspension of the proceedings unless the proceedings are suspended only for a time or until the occurrence of a specified event; in the latter cases, a new time limit runs from the expiry of that time or the occurrence of that event. A new time limit shall run from the…
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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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