French Legal Terms G-Z
This glossary defines essential French legal terms from G through Z, providing English translations and contextual explanations for their use in the French legal system.
H
Hiérarchie des normes — Hierarchy of norms. The Kelsenian pyramid structuring the French legal order, with the Constitution at the apex, followed by treaties, statutes, and regulations. The Constitutional Council ensures respect for this hierarchy.
Huissier de justice — Bailiff. A ministerial officer responsible for service of process and enforcement of judgments. Huissiers are private professionals holding a state monopoly on certain procedural functions.
I
Imprévision — Changed circumstances doctrine. Introduced by the 2016 contract law reform (Article 1195), allowing a party to request judicial renegotiation of a contract when circumstances unforeseeable at formation render performance excessively onerous.
Information judiciaire — Formal judicial investigation. A procedure before a juge d’instruction for serious crimes, involving a neutral investigation gathering evidence for and against the suspect.
Intérêt à agir — Standing. The requirement that a litigant have a sufficient legal interest to bring a claim. The interest must be legitimate, personal, and direct.
J
Juge d’instruction — Investigating judge. A magistrate responsible for conducting formal investigations into serious crimes. The juge d’instruction gathers evidence for both prosecution and defense. The role was reduced by the 2021 reform.
Juge de l’exécution — Enforcement judge. A specialized magistrate who oversees the enforcement of court judgments, resolving disputes between creditors and debtors about seizure, garnishment, and eviction.
Juge de la mise en état — Case management judge. The judge responsible for supervising pre-trial proceedings in civil litigation, setting deadlines, managing evidence, and narrowing issues before trial.
Jugement — A decision of a first-instance court. Distinguished from arrêt (decision of an appellate or superior court). A jugement must state reasons and may be appealed.
Jurisprudence — Case law. While not formally binding, consistent judicial interpretations strongly influence lower courts. The jurisprudence constante of the Court of Cassation has persuasive authority approaching binding effect.
L
Légalité (principe de) — Principle of legality. The requirement that criminal offenses and penalties be defined by law, enshrined in Article 8 of the 1789 Declaration and Article 111-3 of the Penal Code.
Loi — Statute. A legislative act adopted by Parliament in the exercise of its Article 34 powers. Statutes have superior authority to regulations but are subject to constitutional review.
Loi pénale plus douce — More favorable criminal law. The principle that a subsequent law reducing or eliminating a penalty applies retroactively to pending cases.
M
Mise en état — Pre-trial phase of civil proceedings during which evidence is gathered and issues are clarified under the supervision of the juge de la mise en état. The phase concludes when the case is ready for trial.
Mis en examen — Official suspect in a criminal investigation. The status of a person placed under formal investigation by the juge d’instruction. The mis en examen has full procedural rights including access to counsel and the case file.
N
Nullité absolue — Absolute nullity. A sanction for violation of rules protecting the general interest (ordre public de direction), which may be invoked by any interested party or the public prosecutor.
Nullité relative — Relative nullity. A sanction for violation of rules protecting weaker parties (ordre public de protection), which may be invoked only by the protected party.
Nullum crimen, nulla poena sine lege — No crime, no punishment without law. The Latin maxim expressing the principle of criminal legality.
O
Ordonnance — (1) A government decree adopted under delegated legislative authority. (2) A procedural order by a judge. The 2016 contract law reform was adopted by ordonnance under legislative authorization.
Ordre public — Public order. A limitation on rights based on public security, tranquility, health, and human dignity. A cross-cutting concept appearing in administrative law, contract law, and private law.
Ordre public de direction — Mandatory rules protecting the general interest. Violation renders contracts absolutely void. Includes competition law and currency regulations.
Ordre public de protection — Rules protecting weaker parties. Violation results in relative nullity. Includes consumer protection and employment law.
P
Partie civile — Civil party. A victim of crime who joins criminal proceedings to seek damages and participate in the investigation. The partie civile has procedural rights including access to the case file and the right to request investigative acts.
Préposé — Employee or agent for whose acts the principal (commettant) may be vicariously liable. The employer’s liability requires that the employee acted within the scope of employment.
Présomption d’innocence — Presumption of innocence. A fundamental principle of French criminal procedure, enshrined in Article 9 of the 1789 Declaration and Article préliminaire of the Code of Criminal Procedure.
Pourvoi en cassation — Appeal to the Court of Cassation, limited to questions of law, not fact. The Court may quash the decision and remand for a new trial.
Q
Question prioritaire de constitutionnalité (QPC) — A procedure allowing litigants to challenge the constitutionality of enacted statutes in ongoing proceedings, introduced by the 2008 constitutional reform and effective from 2010. The QPC has dramatically increased constitutional review.
R
Recours pour excès de pouvoir — Appeal for abuse of power. An action before administrative courts challenging the legality of an administrative decision. Available to any person with standing on grounds of illegality, procedural defects, or abuse of power.
Référé — Emergency procedure allowing a party to obtain interim relief from a judge. Includes référé suspension (suspension of an administrative act) and référé liberté (protection of fundamental freedoms).
Renvoi — Remittal. The sending of a case from a higher court to a lower court, or from a judicial court to an administrative court (or vice versa) after a jurisdictional conflict.
Responsabilité administrative — Administrative liability. The liability of public authorities for damage caused by public services, governed by special rules distinct from the Civil Code. May be based on fault or risk.
S
Service public — Public service. Activities carried out by or under the authority of the state in the public interest, subject to administrative law. The concept is central to French administrative law.
Sûretés — Security interests. Governed by Book IV of the Civil Code (added in 2016). Includes personal sureties (caution) and real sureties (mortgage, pledge, lien).
T
Tribunal administratif — Administrative court of first instance, with jurisdiction over disputes involving public authorities. France has 42 tribunaux administratifs.
Tribunal de commerce — Commercial court. A specialized court composed of elected juges consulaires (business professionals) with jurisdiction over commercial disputes.
Tribunal judiciaire — The main court of first instance for civil and criminal matters, created by the 2019 reform merging the tribunal de grande instance and tribunal d’instance.
Tribunal correctionnel — Criminal court with jurisdiction over délits (intermediate offenses). Composed of three professional judges.
Tribunal de police — Criminal court with jurisdiction over contraventions (minor offenses). Composed of a single judge.
Tribunal des Conflits — The tribunal that resolves jurisdictional disputes between the judicial and administrative court orders, composed of equal numbers of judges from each order.
V
Voie de fait — A particularly serious encroachment by the administration on property rights or individual liberty, allowing the judicial courts to intervene to protect fundamental rights. The doctrine is a narrow exception to the separation of judicial and administrative jurisdictions.
Violence économique — Economic abuse. A ground for nullity introduced by the 2016 contract law reform, allowing a party to rescind a contract entered into under economic pressure exploiting their state of necessity.