Chapter I: The European Small Claims Procedure.

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Article 1384

French Code of civil procedureIn force
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Updated 7 Nov 2023

If, on the basis of the claim form submitted to it, it appears to the court that the case does not fall within the scope of the European Small Claims Procedure, it shall so inform the claimant by registered letter with acknowledgement of receipt. It shall set a time limit for the claimant to withdraw his claim and inform him that, if he fails to do so, the case will be heard and determined in accordance with the procedure on the merits applicable before it.

At the end of this period, if the claimant has not withdrawn his claim, the court finds that the dispute does not fall within the scope of the European Small Claims Procedure and invites the claimant to summon the defendant by way of service. This decision is a measure of judicial administration. At the registry's discretion, it is notified to the claimant by registered letter with acknowledgement of receipt.

The court which has remitted the case for adjudication in accordance with the procedure on the merits applicable before it may declare that it does not have jurisdiction under the conditions provided for by this code.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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