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.
The judgment by default or the judgment deemed to be contradictory rendered against a party residing abroad must expressly state the steps taken to give notice of the document instituting the proceedings to the defendant.
A judgment which determines in its operative part all or part of the principal issue, or a judgment which rules on a procedural objection, a plea in bar or any other incident, shall, as soon as it is given, have the force of res judicata in relation to the dispute which it determines. The principal issue shall mean the subject-matter of the dispute as determined by Article 4.
As soon as the judgment is handed down, the judge is relieved of jurisdiction over the dispute it resolves. However, the judge has the power to retract his decision in the event of opposition, third-party opposition or an application for review. He may also interpret or rectify it under the distinctions set out in articles 461 to 464.
Unless otherwise provided, where it is provided by law or regulation that a decision is to be taken under the accelerated procedure on the merits, the application shall be lodged, investigated and judged under the following conditions: 1° The application shall be brought by way of a summons to a hearing held on the day and at the time set for that purpose; 2° The court shall be seised of…
A judgment which, in its operative part, merely orders an investigative measure or a provisional measure does not have the authority of res judicata in the main proceedings.
A preliminary ruling does not relieve the judge of jurisdiction.
An interim order is a provisional decision given at the request of one party, the other present or called, in cases where the law confers on a judge who is not seised of the main proceedings the power to immediately order the necessary measures.
The application shall be made by summons to a hearing held for that purpose on the usual day and time for summary proceedings. If, however, the case requires expedition, the summary proceedings judge may allow summons to be served, at the time indicated, even on public holidays or non-working days.
The judge shall ensure that sufficient time has elapsed between the summons and the hearing for the party summoned to have been able to prepare its defence.
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75001, Paris France
RCS Paris n°814433470
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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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