Article 1538 of the French Code of civil procedure
November 7, 2023
With the consent of the parties concerned, the mediator may visit the premises and interview any persons he deems useful, subject to their agreement.
With the consent of the parties concerned, the mediator may visit the premises and interview any persons he deems useful, subject to their agreement.
With the agreement of the parties, the judicial conciliator may enlist the assistance of another judicial conciliator within the jurisdiction of the Court of Appeal. When the parties meet, the judicial conciliators may exchange information about the claims before them. The document recording the parties’ agreement is signed by the two judicial conciliators.
In the event of conciliation, even partial conciliation, a statement of agreement may be drawn up and signed by the parties and the conciliator. The conciliation may also be recorded in a statement signed by the conciliator and one or more of the parties where one or more of them have formalised the terms of the agreement to which they consent in a deed signed by them and drawn up…
The application for homologation of the agreement resulting from the conciliation is submitted to the judge by request of all the parties to the conciliation or of one of them, with the express agreement of the others.
The participatory procedure provided for in articles 2062 to 2067 of the Civil Code is governed by the provisions of this Title.
It takes place in accordance with a conventional procedure for seeking an agreement, followed, where appropriate, by a procedure for the purposes of judgment. It may also take place in the context of the proceedings, for the purposes of preparation before any court of the judicial order, whatever the procedure followed.
The parties, assisted by their lawyers, shall work jointly, under the conditions laid down in the agreement, to reach an agreement putting an end to the dispute between them or to the preparation of their dispute.
Other than the information provided for in the article 2063 of the Civil Code, the participatory procedure agreement shall mention the surnames, first names and addresses of the parties and their lawyers. The communication of claims and pleas in fact and in law, documents and information between the parties shall be made through their lawyers in accordance with the procedures laid down in the agreement; the latter shall bring them…
The participatory procedure agreement is amended in the same way as it was drawn up.
The parties may enter into a participatory procedure agreement for the purposes of readiness to proceed at any time during the proceedings. The parties may, at any time, expressly waive the right to rely on any plea in bar, any procedural exception and the provisions of Article 47, with the exception of those that arise or are revealed subsequent to the signing of the participatory procedure agreement. Where the parties…
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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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