Chapter V: Family proceedings

Articles in this section · 11

1136-31136-51136-61136-71136-81136-91136-111136-121136-131136-141136-15

Article 1136-3

French Code of civil procedureIn force
Ask for lawyer reviewed or certified translation

Updated 7 Nov 2023

In the cases provided for in articles 515-9 and 515-13 of the Civil Code, the matter shall be referred to the court by an application delivered or addressed to the registry.

In addition to the particulars prescribed by Article 57 of this Code, the application shall contain a summary statement of the grounds for the application and, in an annex, the documents on which the application is based. These requirements are prescribed on pain of nullity.

The judge shall immediately issue an order setting the date of the hearing.

Unless it is the author of the application, the public prosecutor is immediately notified by the court clerk of the filing of the application and the date of the hearing set by the family court.

This order specifies how it is to be notified.

A copy of the order is served:

1° On the claimant, by the court registry, by any means giving a date certain or by personal delivery against a receipt;

2° On the defendant, by service on his own initiative:

a) The applicant where he is assisted or represented by a lawyer;

b) The court registry where the applicant is neither assisted nor represented by a lawyer;

c) The public prosecutor where he is the applicant; In this case, the latter also has the order served on the person in danger;

3° By administrative means in the event of serious and imminent danger to the safety of a person concerned by a protection order or where there is no other means of notification.

Service must be effected on the defendant within two days of the order setting the date of the hearing, so that the judge can rule within the maximum period of six days set by article 515-11 of the Civil Code in compliance with the adversarial principle and the rights of the defence.

The copy of the writ of service must be delivered to the court registry no later than the hearing.

Service of the order is equivalent to summoning the parties.

In all cases, a copy of the application and the documents attached thereto shall be annexed to the order.

This order is a measure of judicial administration.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
Previous articleArticle 1148-3Next articleArticle 1136-5
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

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

Talk To A Corporate Lawyer+33 1 84 88 31 00
First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

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

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More