Civil Procedure Law (France)

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The law of civil procedure ( French: procédure civile ) was first codified in France in the Code de procédure civile in 1806. This has been largely replaced by the Nouveau Code de procédure civile (NCPC) since 1976 , but part of the old code remained in force until 2007. Since then, the new code has only been called the Code de procédure civile (CPC). The organization of the courts is laid down in the Code de l'organisation judiciaire .

The procedure (instance) begins in accordance with Art. 750 ff. CPC before the tribunal de Grande Instance with the filing of the complaint by filing the application ( acte introductif d'instance ). This brief , the plaintiff about his Counsel (there exists a lawyer) for the respondent to. Independently of this, the complaint is also served on the court and appoints the instructing judge ( juge de la mise en état ). The exchange of correspondence (cf. statement of defense, replica, duplicate, etc.) establishes the negotiation of instructions ( mise en état initiale ) and the matter is disputed. In the oral main hearing, the preparatory briefs are read out, the instructing judge reports and the lawyers hold their pleadings (opening and closing lectures ). After a short consultation, the verdict is announced. With the exception of the costs for the opposing lawyer, the loser bears the costs of the legal dispute. However, according to Art. 700 CPC, the victorious can apply to also impose his own legal fees on the loser (discretionary decision of the court).


  • Natalie Fricero and Pierre Julien: Droit judiciaire privé . 3. Edition. LGDJ, Paris 2009, ISBN 978-2-275-03292-4 .

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