Chapter I: Proceedings with compulsory representation.

Articles in this section · 10

Article 978

French Code of civil procedureIn force

Updated 7 Nov 2023

On pain of forfeiture established by order of the First President or his delegate, the applicant for judicial review must, at the latest within four months from the date of the appeal, submit to the clerk's office of the Court of Cassation a brief containing the pleas in law relied on against the contested decision. The brief must, under the same penalty, be notified within the same time limit to the lawyers of the other parties or to the party who is not required to constitute a lawyer at the Conseil d'Etat and the Cour de cassation. If the defendant has not constituted a lawyer, the pleading must, under the same sanction, be served on him at the latest within one month of the expiry of that time limit; however, if, in the meantime, the defendant constitutes a lawyer before the pleading is served, his lawyer shall be notified.

On pain of inadmissibility, an additional appeal lodged in application of article 608 must be made by the mention "additional appeal" affixed to the statement of the grounds of appeal or by a separate statement bearing that mention, delivered and served on the other parties in the manner and within the time limits laid down in that article.

On pain of being declared inadmissible of its own motion a plea or an element of a plea must bring into play only one case of opening. Each plea or each element of a plea must specify, under the same sanction:

- the opening case relied upon;

- the part of the decision criticised;

- in what respect the decision incurs the alleged reproach.

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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