Chapter I: Institution of proceedings

Articles in this section · 2

Article 750-1

French Code of civil procedureIn force

Updated 8 Nov 2023

In application of the Article 4 of Law no. 2016-1547 of 18 November 2016, on pain of inadmissibility, which the judge may declare ex officio, the legal claim shall be preceded, at the parties' option, by an attempt at conciliation conducted by a court conciliator, an attempt at mediation or an attempt at a participatory procedure, where the claim is for the payment of a sum not exceeding €5,000 or where it relates to one of the actions mentioned in articles R. 211-3-4 and R. 211-3-8 du code de l'organisation judiciaire or to an abnormal neighbourhood disturbance.

The parties are exempt from the obligation mentioned in the first paragraph in the following cases:

1° If at least one of the parties seeks the homologation of an agreement;

2° When the exercise of a prior appeal is imposed on the author of the decision;

3° If the absence of recourse to one of the methods of amicable resolution mentioned in the first paragraph is justified by a legitimate reason relating either to manifest urgency, or to the circumstances of the case making such an attempt impossible or requiring that a decision be rendered without adversarial proceedings, or to the unavailability of judicial conciliators resulting in the organisation of the first conciliation meeting within a period of more than three months from the referral to a conciliator; the claimant provides proof by any means of the referral and its consequences;

4° If the judge or administrative authority must, pursuant to a specific provision, make a prior attempt at conciliation;

5° If the creditor has unsuccessfully initiated a simplified procedure for the recovery of small claims, in accordance with Article L. 125-1 of the code des procédures civiles d'exécution.

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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