Civil Law

Our team of civil lawyers is present to lead all challenges to help you and assist you in your legal proceedings. As legal counsel, they will provide you with the answers that are best suited to your situation.

The lawyers of the group will use, at first, all the methods of settlement in order to reach an agreement. Their effective method of settlement has resolved many contentious issues. As a last resort, they will initiate court proceedings before the Court.

Their innovative vision of the law and their international experiences make them experienced lawyers.

What We Provide for you

• a contract to be concluded
• an hidden defect in your new home
• an encroachment on your land
• Defamatory comments against you
• An action in civil liability
• Neighborhood disputed
• Received a formal notice or a demand originating a proceeding

What is the civil law?

The civil law includes both the law of contracts, the rights of persons, various mandates, civil liability, acte of a thing liability, defamation, problems of neighborhood, hidden defects. Litigious cases often involve a monetary claim.

The judicial process

The formal notice

Any dispute starts with the sending of a letter of formal notice. The letter of formal notice is sent to the other party to explain the situation to them and formally ask them to fulfill his obligations.

The letter of formal notice is mandatory in contractual matters. It is highly recommended in non-contractual matters.

When the opposing party received the formal notice, the opposing party has a certain period of time to fulfill its obligations.

The letter of formal notice may be sent by registered letter, by bailiff, by email or by hand ( person to person).

Demand originating a proceeding

Failing response to the letter of formal notice or execution of the obligations by the other party, it will proceed through the judicial process. The claim in court is called an “Demand originating a proceeding”. It is served by bailiff to the opposing party.

The originating application sets out the facts of your dispute and states the conclusions you want, that means what you want to obtain from the other party.

The Demand originating a proceeding marks the beginning of the proceedings.

The Hearing

The hearing is public except in such cases as are provided for by law . In most cases, the hearing takes place before a judge alone.

During the hearing, each party will present its evidence. Evidence may consist of writings, the testimony of the parties, the testimony of witnesses, legal presumptions or admissions.

Following the presentation of the evidence, it is the time of the pleadings. The pleading is the argument of each party. The plaintiff is the first to plead. Then the defendant pleads the case. The plaintiff has a right of reply if the plaintiff wants to add elements related to the defense.

At the end of the hearing, the judge will choose to render the judgment immediately and orally or will decide to render judgment later if the evidence is complex.

Once the judgment is rendered by the judge, each party will receive a copy of the judgment.