Article 2052 of the French Civil Code
November 6, 2023
The settlement prevents the parties from instituting or continuing legal proceedings with the same subject matter.
The settlement prevents the parties from instituting or continuing legal proceedings with the same subject matter.
All persons may compromise on the rights of which they have free disposal.
Compromise may not be entered into on questions of personal status and capacity, on those relating to divorce and legal separation or on disputes concerning public authorities and public establishments and, more generally, in all matters concerning public order. However, categories of public establishments of an industrial and commercial nature may be authorised by decree to compromise.
The arbitration clause must have been accepted by the party against whom it is asserted, unless that party has succeeded to the rights and obligations of the party who initially accepted it. Where one of the parties has not contracted in the course of his professional activity, the clause cannot be asserted against him.
The participatory procedure agreement is an agreement by which the parties to a dispute undertake to work jointly and in good faith towards the amicable resolution of their dispute or the setting in motion of their dispute. This agreement is concluded for a fixed term.
The participatory procedure agreement shall, on pain of nullity, be contained in a writing that specifies: 1° Its term; 2° The subject matter of the dispute; 3° The documents and information necessary for resolving the dispute or putting the dispute in order and the procedures for exchanging them. 4° Where applicable, the documents countersigned by lawyers that the parties agree to draw up, under conditions laid down by decree in…
Any person, assisted by his or her lawyer, may conclude a participatory procedure agreement on the rights of which he or she has free disposal, subject to the provisions of Article 2067.
While it is in progress, a participatory procedure agreement entered into before the matter is referred to a judge renders inadmissible any recourse to the judge for a ruling on the dispute. However, non-performance of the agreement by one of the parties authorises another party to apply to the judge for a ruling on the dispute. In urgent cases, the agreement does not prevent the parties from applying for provisional…
Without prejudice to 7° of Article L. 111-3 of the Code of Civil Enforcement Procedures, the parties who, at the end of the participatory procedure agreement, reach an agreement settling all or part of their dispute may submit this agreement to the judge for approval. When, failing to reach an agreement at the end of the agreement concluded before referral to a judge, the parties submit their dispute to the…
A participatory procedure agreement may be concluded by spouses with a view to seeking a consensual solution in matters of divorce or legal separation. Article 2066 does not apply in this matter. An application for divorce or legal separation submitted following a participatory procedure agreement shall be formed and judged in accordance with the rules set out in Title VI of Book I relating to divorce. .
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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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