French Legal Terms H-L
H
Habile à agir — Having legal capacity to bring or defend proceedings in court. A person must have the legal capacity (capacité) to exercise procedural rights; minors and protected adults act through their legal representatives. The concept also encompasses standing requirements in administrative litigation.
Héritier réservataire — Forced heir entitled to a reserved share (réserve héréditaire) of the deceased’s estate under Articles 912-930 of the Civil Code. Descendants are reserved heirs; ascendants have limited reservation rights. The deceased may dispose freely only of the disposable portion (quotité disponible).
Hiérarchie des normes — Hierarchy of norms structuring the French legal order in a Kelsenian pyramid. The Constitution sits at the apex, followed by treaties, organic laws, ordinary statutes, and regulations. The Constitutional Council and the Conseil d’État ensure conformity at each level.
Hospices civils — Public charitable institutions and hospitals governed by administrative law. Historically, hospices civils managed hospital and welfare services; they may own and administer property, receive donations, and act as public establishments subject to administrative court jurisdiction.
Huissier de justice — Ministerial officer responsible for service of process, enforcement of court judgments, and drafting official records (constats). Huissiers are liberal professionals holding a state monopoly on certain procedural acts. The profession is merging with commissaires-priseurs judiciaires under recent reforms.
I
Immeuble — Immovable property or real estate. Under Article 517 of the Civil Code, land and buildings are immeubles par nature; certain rights and objects are immeubles par destination when permanently attached. The distinction from meuble (movable) determines property rules, succession, and enforcement procedures.
Imprévision — Changed circumstances doctrine codified in Article 1195 of the Civil Code by the 2016 contract law reform. When unforeseeable circumstances at contract formation render performance excessively onerous, the disadvantaged party may request renegotiation; if refused, the court may revise or terminate the contract.
Inaliénabilité — Inalienability. The legal prohibition against transferring ownership of certain property or rights. The rule applies to public domain property, succession reserves, and certain assets subject to court-ordered protection. Any transfer in violation is void.
Indivision — Joint ownership without physical division of the property. Governed by Articles 815-837 of the Civil Code, it arises commonly from inheritance or purchase by multiple persons. Co-owners (indivisaires) manage the property jointly; partition may be demanded at any time unless otherwise agreed.
Injure — Defamation or insult under the Law of 29 July 1881 on press freedom. An injure is an outrageous expression or imputation not containing specific factual allegations, distinguished from diffamation (defamation involving specific facts). Both are press offenses subject to strict procedural rules and short limitation periods.
Interdiction des poursuites — Prohibition against initiating or continuing enforcement proceedings. Arises particularly in insolvency proceedings (procédure collective) where the opening judgment suspends individual creditor actions against the debtor, and in certain protective regimes for vulnerable persons.
Intérêt à agir — Standing to bring legal proceedings. A litigant must demonstrate a legitimate, personal, and direct interest in the outcome of the case. The requirement applies in both judicial and administrative proceedings; public interest organizations may have collective standing under specific statutory provisions.
J
Juge des enfants — Juvenile judge of the tribunal judiciaire with specialized jurisdiction over minors. In civil matters, the judge handles educational assistance measures for minors in danger; in criminal matters, the judge adjudicates delinquency cases involving minors aged 10-18, emphasizing educational responses over punishment.
Juge d’instruction — Investigating judge responsible for formal criminal investigations into serious crimes. The juge d’instruction conducts an impartial investigation (information judiciaire) gathering evidence for both prosecution and defense. The 2021 reform reduced their role by limiting mandatory investigations to the most serious offenses.
Juge de l’exécution — Enforcement judge of the tribunal judiciaire specializing in disputes arising from judgment enforcement. Created by the 1991 reform, this judge resolves conflicts over seizures, garnishments, evictions, and other enforcement measures, balancing creditor rights with debtor protection.
Juridiction administrative — The administrative court order with jurisdiction over disputes involving public authorities and administrative actions. It comprises the tribunaux administratifs (first instance), cours administratives d’appel (appellate), and the Conseil d’État (supreme). The administrative order is distinct from the judicial order.
Jurisprudence — Case law developed by French courts. While French law does not formally recognize binding precedent (stare decisis), consistent judicial interpretations (jurisprudence constante) exert strong persuasive authority. The Court of Cassation and Conseil d’État ensure uniform interpretation through their appellate function.
L
Lésion — Lesion or substantial imbalance in a contract. In French law, lésion allows rescission or renegotiation when one party suffers a significant disadvantage at contract formation. It applies specifically to contracts with minors, certain real estate sales, and agricultural land transactions.
Loi — Statute adopted by Parliament in the exercise of its legislative competence under Article 34 of the Constitution. Statutes have superior authority to regulations but are subject to constitutional review by the Constitutional Council and must comply with treaties and EU law.
Loi organique — Organic law, a category of statute with superior legal status to ordinary laws. Organic laws implement specific constitutional provisions (electoral system, Constitutional Council procedure, finance laws) and must be adopted by special parliamentary procedures including mandatory review by the Constitutional Council.
Loyauté des débats — Fairness and loyalty in judicial proceedings. The principle requires parties to act in good faith, disclose relevant evidence, and refrain from procedural ambush. It is an extension of the adversarial principle (principe contradictoire) and the general duty of procedural good faith.