Citations and meanings
LexInter | July 19, 2003 | 0 Comments

Citations and meanings

Article 550

(ordinance nº 60-529 of June 4, 1960 art. 2 Official Journal of June 8, 1960)
(Law nº 92-1336 of December 16, 1992 art. 51 Official Journal of December 23, 1992 in force on March 1, 1994)
   Quotations and meanings, unless otherwise provided by laws and regulations, are made by bailiff’s exploit.
Notifications are made administratively.
The bailiff cannot act for himself, for his spouse, for his parents and allies and those of his spouse, in a direct line to infinity, nor for his parents and collateral allies, up to the degree of cousin resulting from germain inclusive.
The document of citation or service contains the name of the applicant, the date, surname, first names and address of the bailiff, as well as the surname, first names and address of the addressee or, if the addressee is a legal person, its name. and its seat.
The person who receives a copy of the exploit signs the original; if she is unwilling or unable to sign, this is mentioned by the bailiff.

Article 551

   The summons is issued at the request of the public prosecutor, the civil party, and any administration which is legally authorized to do so. The bailiff must immediately comply with their requisition.
The citation states the fact pursued and refers to the text of the law which punishes it.
It indicates the court seised, the place, time and date of the hearing, and specifies the status of defendant, civilly responsible, or witness of the person summoned.
If it is issued at the request of the civil party, it mentions the surname, first names, profession and real or elected domicile of the latter.
The summons issued to a witness must also mention that non-appearance, refusal to testify and false testimony are punishable by law.

Article 552

(Law nº 75-1257 of December 27, 1975 Official Journal of December 29, 1975) (Law nº 93-2 of January 4, 1993 art. 146 Official Journal of January 5, 1993)

The period between the day on which the summons is issued and the day fixed for the appearance before the criminal or police court is at least ten days, if the party cited resides in a department of metropolitan France or if, residing in a overseas department, it is cited before a tribunal of this department.
This period is increased by one month if the party cited before the court of an overseas department resides in another overseas department, in an overseas territory, in Saint-Pierre-et -Miquelon or Mayotte or in metropolitan France, or if, cited before a court of a department of metropolitan France, she resides in an overseas department or territory, in Saint-Pierre-et-Miquelon or Mayotte.
If the party cited resides abroad, this period is increased by two months.

Article 553

If the time limits prescribed in the previous article have not been observed, the following rules apply:
1 ° In the event that the party cited does not appear, the summons must be declared void by the court;
2 ° In the event that the party cited appears, the summons is not void but the court must, at the request of the party cited, order the referral to a subsequent hearing.
This request must be presented before any defense on the merits, as stated in article 385.

Article 554

(ordinance nº 60-529 of June 4, 1960 art. 2 Official Journal of June 8, 1960)
   The service of decisions, in cases where it is necessary, is carried out at the request of the public prosecutor or the civil party.

Article 555

(ordinance nº 60-529 of June 4, 1960 art. 2 Official Journal of June 8, 1960)
(Law nº 92-1336 of December 16, 1992 art. 52 Official Journal of December 23, 1992 in force on March 1, 1994)

The bailiff must do all due diligence to achieve the delivery of his exploit to the recipient himself or, if the recipient is a legal person, to his legal representative, to an attorney of the latter or to any person authorized to this effect ; he gives him a copy.
When service is made on a legal person, the bailiff must, in addition and without delay, inform the latter by simple letter of the service carried out, of the name of the applicant and of the identity of the person to whom the copy is made. has been delivered.

Article 556

(ordinance nº 60-529 of June 4, 1960 art. 2 Official Journal of June 8, 1960)
If the person affected by the exploit is absent from his home, the copy is given to an allied relative, servant or to a person residing at this home.
The bailiff indicates in the exploit the capacity declared by the person to whom this delivery is made.

Article 557

(Ordinance nº 60-529 of June 4, 1960 art. 2 Official Journal of June 8, 1960)
(Law nº 92-1336 of December 16, 1992 art. 53 Official Journal of December 23, 1992 in force on March 1, 1994)
(Law n ° 95-125 of February 8, 1995, art. 42 Official Journal of February 9, 1995)

If the copy has been delivered to a person residing at the domicile of the person concerned, the bailiff shall immediately inform the person concerned of this delivery, by registered letter with acknowledgment of receipt. When it results from the notice of receipt, signed by the interested party, that the latter has received the registered letter from the bailiff, the document delivered to the home has the same effects as if it had been delivered to anyone. .
The bailiff can also send the interested party by simple letter a copy of the act accompanied by a receipt that the addressee is invited to forward by post or to file for the office of the bailiff, bearing his signature. . When this signed receipt has been returned, the exploit delivered to the home has the same effects as if
The domicile of the legal person means the place of its head office.

Article 558

(Law nº 72-1226 of December 29, 1972 art. 35 Official Journal of December 30, 1972 in force on January 1, 1973) (Law nº 95-125 of February 8, 1995 art. 43 Official Journal of February 9, 1995)

If the bailiff does not find anyone at the domicile of the person concerned, he immediately verifies the accuracy of this domicile.
When the domicile indicated is that of the person concerned, the bailiff mentions in the exploit his due diligence and findings, then he gives a copy of this exploit to the town hall, the mayor or, failing that, to a deputy or to a delegated municipal councilor, or the town hall secretary.
He immediately informs the interested party of this delivery by registered letter with acknowledgment of receipt, letting him know that he must immediately withdraw the copy of the document served at the town hall indicated. If the exploit is a service of judgment rendered by iterative default, the registered letter mentions the nature of the
When it results from the notice of receipt, signed by the interested party, that the latter has received the registered letter from the bailiff, the document delivered to the town hall produces the same effects as if it had been issued to no one.
The bailiff can also send the interested party by simple letter a copy of the act accompanied by a receipt that the addressee is invited to forward by post or to file for the office of the bailiff, bearing his signature. . When this receipt has been returned, the exploit handed over to the town hall produces the same effects as if it had been handed over to no one.
If the exploit is a summons to appear, it can only produce the effects referred to in the previous paragraph if the period between the day on which the notice of receipt is signed by the person concerned and the day indicated for the appearance before the criminal or police court is at least equal to that fixed, taking into account the distance from the home of the person concerned, by article 552.

Article 559

(ordinance nº 60-529 of June 4, 1960 art. 2 Official Journal of June 8, 1960) (Law nº 92-1336 of December 16, 1992 art. 54 Official Journal of December 23, 1992 in force on March 1, 1994)

If the person targeted by the exploit is without a known domicile or residence, the bailiff delivers a copy of the exploit to the public prosecutor’s office of the court seised.
The preceding provisions are applicable to the service of an act concerning a legal person whose registered office is unknown.

Article 560

(Law nº 85-1407 of December 30, 1985 art. 65 art. 94 Official Journal of December 31, 1985 in force on February 1, 1986) (Law nº 95-125 of February 8, 1995 art. 44 Official Journal of February 9, 1995)

When it is not established that the person concerned has received the letter sent to him by the bailiff in accordance with the provisions of Articles 557 and 558, or when the document has been issued to the public prosecutor’s office, an officer or agent judicial police may be required by the public prosecutor in order to carry out searches with a view to discovering the address of the person concerned. If the latter is discovered, the judicial police officer or agent informs him of the exploit, which then produces the same effects as if it had been delivered to no one.
In all cases, the judicial police officer or agent draws up a report of his research and sends it without delay to the public prosecutor.
In the case of a summons to an accused, the public prosecutor can also order the police to search for the person concerned. In case of discovery of the latter, he is immediately notified and can send, by any means, a copy of the exploit for notification by an officer or a police officer. This notification constitutes personal service. When a defendant referred to by an act of summons could not be discovered before the date fixed for the hearing, the search order can be maintained. In the event of discovery, the public prosecutor may notify the interested party, in application of article 390-1, of a summons to court.
The public prosecutor may also require any administration, company, establishment or body of any kind subject to the control of the administrative authority, without it being possible to oppose professional secrecy, to communicate to him any information in his possession. for the purpose of determining the address of the domicile or residence of the accused.

Article 561

(Law nº 92-1336 of December 16, 1992 art. 55 Official Journal of December 23, 1992 in force on March 1, 1994)
   In the cases provided for in Articles 557 and 558, the copy shall be delivered in a closed envelope bearing no other information, on one side than the surname, first names, address of the person concerned or, if the addressee is a legal person, that its name and address, and on the other that the seal of the bailiff’s office affixed to the closure of the envelope.

Article 562

(Law nº 92-1336 of December 16, 1992 art. 56 Official Journal of December 23, 1992 in force on March 1, 1994)
   If the person resides abroad, he is summoned to the public prosecutor’s office near the court seised. The public prosecutor marks the original and sends a copy to the Minister of Foreign Affairs or to any authority determined by international conventions.
The provisions of the preceding paragraph are applicable to legal persons having their registered office abroad.

Article 563

In all cases, the bailiff must mention on the original of the exploit, and in the form of a report, his due diligence as well as the answers that were given to his various arrests.
The public prosecutor may order the bailiff to carry out new searches if he considers that those which have been carried out are incomplete.
The original of the certificate must be sent to the person at whose request it was issued, within twenty-four hours.
In addition, if the exploit was issued at the request of the public prosecutor, a copy of the exploit must be attached to the original.

Article 564

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
   The bailiffs are required to pay, at the end of the original and the copy of the exploit, the cost thereof, under penalty of a civil fine of 3 to 15 euros; this fine is pronounced by the president of the court seised of the case.

Article 565

   The nullity of an exploit can only be pronounced when it has had the effect of harming the interests of the person it concerns, subject, for the time limits for citation, to the provisions of article 553, 2º.

Article 566

If an exploit is declared null by the act of the bailiff, he may be ordered to pay the costs of the exploit and the canceled procedure, and possibly to damages towards the party to which it is prejudiced.
The court which declares the nullity has the competence to pronounce these sentences.

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