Title VIII: Provisions specific to the courts of appeal after cassation.

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Article 1037-1

French Code of civil procedureIn force
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Updated 7 Nov 2023

In the event of referral back to the Court of Appeal, where the case was covered by the ordinary procedure, it shall be fixed within a short time under the conditions of Article 905. In this case, the provisions of article 1036 do not apply.

The statement of referral shall be served by its author on the other parties to the proceedings which gave rise to the cassation within ten days of notification by the registry of the notice of determination. This time limit is prescribed on pain of the declaration lapsing, raised ex officio by the president of the chamber or the magistrate designated by the first president.

The submissions of the author of the declaration shall be delivered to the registry and notified within two months of the declaration.

The opposing parties shall deliver and notify their submissions within two months of the notification of the submissions of the author of the statement.

Notification of submissions between parties is made under the conditions laid down in Article 911 and time limits are increased in accordance with Article 911-2.

Parties who fail to comply with these time limits are deemed to stick to the pleas and arguments that they had submitted to the court of appeal whose judgment has been quashed.

In the event of compulsory intervention, the intervener shall deliver and notify his pleadings within two months of notification of the application to intervene made against him. This time limit is prescribed on pain of inadmissibility raised ex officio by an order of the president of the chamber seised or of the magistrate designated by the first president. Voluntary interveners have the same time limit from the date of their voluntary intervention, subject to the same penalty.

Orders of the President of the Division or of the judge designated by the First President ruling on the lapse of the declaration of referral to the referring court or on the inadmissibility of the submissions of the forced or voluntary intervener have the force of res judicata. They may be referred under the conditions of paragraphs 2 and 4 of Article 916.

Mariela Petrova

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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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