If, without legitimate reason, the plaintiff does not appear, the defendant may request a judgment on the merits, which will be adversarial, unless the judge decides to adjourn the case to a later hearing. The judge may also, even of his own motion, declare the summons null and void. The judge may also, even of his own motion, declare the summons null and void. The declaration that the summons has…
If, after having appeared, one of the parties fails to complete the acts of the proceedings within the required time limits, the judge shall rule by contradictory judgment in the light of the elements available to him. The defendant may, however, ask the judge to declare the summons null and void.
If none of the parties completes the procedural acts within the required time limits, the judge may, of his own motion, strike out the case by a decision not subject to appeal after a final notice addressed to the parties themselves and to their agent if they have one.
A defendant who does not appear may, on the initiative of the plaintiff or on a decision taken ex officio by the judge, be invited to appear again if the summons was not delivered in person. Subject to the application of rules specific to certain jurisdictions, the summons is repeated in the same manner as the first summons. The judge may, however, order that it be made by a bailiff’s…
If the defendant does not appear, the case is nevertheless decided on the merits. The judge shall grant the claim only to the extent that he considers it to be regular, admissible and well founded.
When the defendant does not appear, the judgment is rendered by default if the decision is final and if the summons was not delivered in person. The judgment is deemed to be contradictory when the decision is subject to appeal or when the summons was delivered in person to the defendant.
In the event of a plurality of defendants summoned for the same matter, where at least one of them does not appear, the judgment is deemed to be contradictory with regard to all of them if the decision is subject to appeal or if those who do not appear have been summoned in person. Where the decision is not subject to appeal and at least one of the parties who…
The judge may not rule before the expiry of the longest time limit for appearance, on first or second summons. He shall rule in respect of all the defendants in a single judgment, unless the circumstances require that he rule in respect of some of them only.
A judgment rendered by default may be opposed, except where this remedy is excluded by an express provision.
A judgment deemed to be contradictory may be appealed only through the channels open against contradictory judgments.
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.
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
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
Resources
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
Useful links
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.
