The article numbers of the civil procedure code to know

The Civil Procedure Code is an essential reference for anyone interested in civil law. This code encompasses all the procedural rules applicable before civil courts in France. However, the size and complexity of this code can make its use difficult for those not initiated. To facilitate understanding and the use of this code, it is important to know certain key civil procedure code numbers. In this article, we will present the key civil procedure code numbers that are important to know for a proper understanding and use of this code.

Article 754 CPC (Civil Procedure Code)

Article 754 of the Civil Procedure Code (CPC) deals with third-party indemnity, which is a mechanism allowing a defendant to involve a third party in the current proceeding.

Specifically, the defendant can call upon a third party for indemnity when they consider that this third party is responsible for all or part of the financial consequences of the claim made against them. For example, if a person is sued for responsibility due to a traffic accident, they can call upon their car insurer for indemnity.

The third-party indemnity must be exercised within ten days of the declaration of the case or within the deadline set by the judge. The applicant must notify their third-party claim to the called third party, as well as to the other parties involved in the case.

The called third party then becomes a party to the case and can assert all defenses available to them. If the initial claim is rejected, the third-party indemnity has no effect. Conversely, if the initial claim is upheld, the called third party can be ordered to indemnify the defendant for all or part of the sums imposed on them.

Third-party indemnity thus allows for the division of responsibilities among the various actors in a dispute and limits the financial consequences for the defendant.

Article 789 CPC

Article 789 of the Civil Procedure Code (CPC) concerns enforcement measures in civil matters. It provides that when a party obtains a court ruling granting them a sum of money as damages or any other debt, they may request the judge to proceed with the forced execution of that decision.

More specifically, Article 789 CPC states that the creditor may request the judge to carry out an attachment by garnishment between the hands of the debtor or their third-party holder, in order to seize the sums of money owed to them. This measure ensures the payment of the creditor’s claim.

Article 835 CPC

Article 835 of the Civil Procedure Code (CPC) concerns provisional seizures, which are temporary measures aimed at securing the payment of a debt. This procedure allows a creditor to obtain a guarantee on the debtor’s assets even before the court decision rendering the payment of the debt becomes final.

Article 835 CPC states that provisional seizures can apply to all movable and immovable property of the debtor. They can be requested even before the main judicial process begins or during the proceedings, provided that the debt is certain, liquid, and payable.

Provisional seizures are carried out by a bailiff, who drafts an inventory of seized goods and records a seizure report. The creditor must then summon the debtor before the competent court to have their claim recognized and to obtain an enforceable title.

Article 901 CPC

Article 901 of the Civil Procedure Code (CPC) deals with the plea of lack of jurisdiction, which is a means for the defendant to contest the competence of the court seized by the plaintiff.

Specifically, if the defendant considers that the court seized does not have jurisdiction to hear the dispute, they can raise an exception of lack of jurisdiction. This exception must be raised at the start of the case, i.e., in the defendant’s initial pleadings, under penalty of being inadmissible.

If the exception of lack of jurisdiction is upheld, the court seized declares itself incompetent to hear the case and refers the parties to the competent court. It is important to note that the referral decision is without prejudice to the admissibility of the action before the competent court.

The exception of lack of jurisdiction ensures the proper administration of justice by preventing courts without authority from being seized with disputes that must be decided by courts with specific jurisdiction.

Article 902 CPC

Article 902 of the Civil Procedure Code (CPC) deals with extinctive prescription, which is a mode of extinguishing a claim resulting from the non-exercise of the attached right within a certain period. It provides that an action for payment or for recovery of an undue payment is time-barred after five years from the day the holder of a right became aware or should have become aware of the facts allowing them to exercise that right.

Specifically, this means that if a person holds a claim (e.g., a sum of money) and does not exercise their right to claim that sum for five years from the day they became aware of the facts enabling them to do so, their legal right to recover that sum is extinguished. In other words, they can no longer take legal action to recover that amount.

Article 905 CPC

Article 905 of the Civil Procedure Code (CPC) concerns acquisitive prescription, which is a mode of acquiring property rights in a property. It states that acquisitive prescription is acquired through continuous, peaceful, public, and unambiguous possession of a property for a certain period, known as the prescription period.

Specifically, this means that a person who peacefully, publicly, and unambiguously occupies a property for a certain period can become its owner through acquisitive prescription. The prescription period varies depending on the nature of the property and can range from five to thirty years.

Article 908 CPC

Article 908 of the Civil Procedure Code (CPC) deals with the interruption of prescription, which is an event that has the effect of suspending or interrupting the prescription period of a legal action.

The interruption of prescription can be caused by various reasons, including :

• The acknowledgment of the debt by the debtor towards the creditor ;
• The sending of a formal notice by the creditor to the debtor ;
• The initiation of legal action before a competent court ;
• The forced execution of the claim by the creditor.

Specifically, the interruption of prescription has the effect of resetting the prescription period. This means that the period starts anew from the day of the interruption. For instance, if a five-year prescription period is interrupted after three years, the period will restart from zero on the day of the interruption and will expire two years later.

Article 954 CPC

Article 954 of the Civil Procedure Code (CPC) pertains to the summary proceedings.

The summary proceedings are an urgent procedure that allows for the rapid obtaining of a provisional decision to address an urgent situation. This procedure applies to disputes that require quick intervention by the judge to prevent imminent damage or to stop a manifestly unlawful disturbance.

Article 954 of the CPC specifies that the request for summary proceedings can be made before the president of the judicial tribunal or the judge of the protection disputes of the judicial tribunal. The request must be presented by way of an assignment or a petition and must clearly state the reasons for the urgency.

The judge may then order all necessary measures to preserve the rights of the applicant, such as cessation of a disturbance, prohibition of an action, or the provision of a deposit.

The decision rendered in summary proceedings is provisional and does not have a lasting effect on the core of the dispute. However, it can have significant consequences for the outcome of the case, notably by helping to preserve evidence or block harmful actions.

Conclusion

In conclusion, it is important to know the various numbers of the civil procedure code in order to navigate effectively within the French judicial system. The articles we have presented help to understand the different stages of a civil procedure, the rules relating to party representation, prescription periods, and admissibility conditions for appeals. Therefore, it is essential to become familiar with these civil procedure code numbers to better comprehend different procedures and effectively defend one’s interests before the courts. However, it should be noted that these numbers constitute only part of the legislation applicable to civil procedure, and it is important to stay informed of the evolving case law and legislation in this area.