Civil procedure code, electronic filing, procedural conventions, public order, French law, civil disputes, Court of Appeal, Court of Cassation, constitutionalization
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Abstract
Overview of French civil procedure, including rules on electronic filing, procedural conventions, and public order.
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[...] and Mrs. Z. A judgment ordered the forced sale of the defendants' real estate, setting a date for this sale. The bank appealed and requested a postponement of the forced sale hearing by electronic means, via the virtual private lawyer network (RPVA). Procedure: The Court of Appeal rejected the bank's request on the grounds that the bank's electronic communication did not comply with the convention in force between the Lorient Bar Association and the Lorient Court of First Instance. The bank then filed a cassation appeal. [...]
[...] and the Vauban Financial Company then introduced an annulment appeal before the Douai Court of Appeal. Procedure: The Douai Court of Appeal first declared the annulment appeal admissible by a first judgment of 17 March 2016, before pronouncing the annulment of the arbitral sentence and rejecting a claim for damages for abusive appeal by a second judgment of 18 January 2018. Arguments of the parties : The applicants for annulment raised a ground of appeal against the judgment of 17 March 2016. [...]
[...] Procedure Protocol = how to make a pleading file? Procedural Incidents = when you bring the judge to the state of (he instructs the file until we plead), the judge go see all the questions (judicial expertise, non-receivable, procedural exception) Rights available: The rights available refer to the rights that a person can freely dispose of, in particular by renouncing to exercise them. These rights can be modified or abandoned by mutual consent of the parties. Patrimonial rights = evaluable in money, in the patrimony In community law, rules will impose themselves on the judge ?imperativeness of the norm. [...]
[...] Reason: The regularity of the electronic transmission of an appeal declaration in expropriation matters conforms only to the provisions of of articles 748-1 and following of the civil procedure code and of the decree of the Keeper of the Seals of 5 May 2010. The Court of Appeal dismissed the appeal for non-compliance with the requirements of the electronic communication convention with the Bar of Nantes, which is contrary to the law. One can arrange, one cannot impose electronic communication because the article authorizes the use of paper. The protocol imposed only by electronic means RPVA, the protocol provides for things different from the CPC. The CPC is imposed. Document n° Cass. [...]
[...] Document n° Cons. const nov n° 2020-866 QPC. Summary of facts and procedures: The Constitutional Council is seized of a priority constitutional question concerning Article 8 of the ordinance of 25 March 2020, amended by the ordinance of 20 May 2020, allowing the judge to decide on a procedure without a hearing in certain civil disputes, particularly during the health emergency period related to the COVID-19 pandemic. Several associations and trade unions have criticized these provisions, alleging, inter alia, an infringement of the rights of the defense, the right to an effective judicial remedy and the principle of equality before the law. [...]
