French Legal Terms M-P
M
Mandat d’arrêt — Arrest warrant issued by a juge d’instruction or criminal court ordering law enforcement to apprehend a person and bring them before the issuing authority. French law distinguishes the mandat d’arrêt from the mandat d’amener (bring to appear) and mandat de dépôt (commit to prison).
Mandat de protection future — Future protection mandate created by the 2007 reform, codified in Articles 477-494 of the Civil Code. A person may appoint one or more agents to manage their affairs in anticipation of future incapacity. It provides an alternative to judicial guardianship, activated upon medical certification of incapacity.
Médiation — Mediation. A consensual dispute resolution process where a neutral third party facilitates negotiation between parties to reach a mutually acceptable agreement. French law recognizes judicial mediation (ordered by a judge) and conventional mediation (by agreement). The mediator’s role is facilitative, not decisional.
Mise en danger — Endangerment. A criminal offense under Article 223-1 of the Penal Code consisting in the deliberate exposure of another person to an immediate risk of death or injury through the violation of a specific safety obligation. It is a délit punishable by one year’s imprisonment and a fine.
Mitoyenneté — Party wall or common boundary. The legal regime under Articles 653-673 of the Civil Code governing walls, fences, and ditches separating adjoining properties. A mur mitoyen is presumed jointly owned, with co-owners sharing maintenance costs and usage rights subject to specific rules.
Mode de preuve — Method of proof. French evidence law distinguishes between preuve parfaite (full proof, including written instruments, conclusive presumptions, and judicial admissions) and preuve imparfaite (imperfect proof, including witness testimony and presumptions). The choice of method depends on the nature and value of the legal act.
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Nullité — Nullity. A sanction rendering a legal act void. French law distinguishes nullité absolue (absolute nullity for violations of public interest, invocable by any interested party) from nullité relative (relative nullity for protection of private interests, invocable only by the protected party). The distinction determines limitation periods and confirmability.
O
Offre et acceptation — Offer and acceptance. The two essential elements of contract formation under Articles 1113-1127 of the Civil Code. An offer must be precise and firm; acceptance must be unconditional and timely. The offeror may revoke the offer before receipt of acceptance, but not after the offeree’s reasonable acceptance period.
Ordonnance — A legal instrument with two distinct meanings: (1) A government decree adopted under delegated legislative authority pursuant to Article 38 of the Constitution, having legislative force upon ratification; (2) A procedural order issued by a judge in the course of proceedings.
Ordonnance de référé — Interim order issued by a judge in summary proceedings. The juge des référés may order urgent provisional measures without deciding the merits of the case. Available in both judicial and administrative courts, it requires urgency and a serious legal basis.
Opposition — A procedural remedy allowing a party against whom a default judgment (jugement par défaut) was entered to have the case reheard on the merits. The opposition suspends execution of the default judgment and brings the matter before the same court that rendered it.
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Paix sociale — Social peace. A fundamental objective of French public order, invoked particularly in administrative law to justify limitations on rights such as freedom of assembly and public demonstrations. The concept reflects the balance between individual liberties and collective tranquility.
Partage — Partition. The division of jointly owned property, particularly in inheritance and divorce contexts. Governed by Articles 815-837 of the Civil Code, partition ends the indivision regime. It may be amicable (by agreement) or judicial (ordered by court when parties cannot agree).
Patrimoine — Estate or patrimony. The totality of a person’s rights and obligations, both present and future, having economic value. French law traditionally adheres to the theory of a single patrimony per person, though the entreprise individuelle à responsabilité limitée (EIRL) introduced limited exceptions.
Pécule — Savings or allowance held for a protected person. In guardianship law, the pécule is a sum of money the protected person may freely manage despite being subject to a protective regime. In prison law, it refers to funds earned by inmates through work during detention.
Peines planchers — Minimum mandatory sentences introduced by the 2007 law on repeat offenders (récidive). These required courts to impose at least the statutory minimum for certain offenses committed by repeat offenders. The provisions were substantially repealed in 2014 after constitutional challenges.
Personnalité juridique — Legal personality. The capacity to hold rights and be subject to obligations. Natural persons acquire legal personality at birth and lose it at death; legal persons (personnes morales) acquire it upon registration or incorporation. Legal personality is the prerequisite for acting in legal life.
Possession — Possession. The exercise of factual control over a thing with the intent to hold it as owner (animus domini). Governed by Articles 2255-2279 of the Civil Code, possession may lead to acquisitive prescription (usucapion) and benefits from the presumption of good faith.
Pouvoir exécutif — Executive power exercised by the President of the Republic and the Government under the Constitution of the Fifth Republic. The President appoints the Prime Minister, presides over the Council of Ministers, and may dissolve the National Assembly. The Government determines and conducts national policy.
Prescription — Limitation period extinguishing legal rights after a specified time. French law distinguishes prescription extinctive (limitation of actions, generally five years under Article 2224) from prescription acquisitive (acquisition of property through possession). Criminal limitation periods vary by offense category.
Présomption d’innocence — Presumption of innocence. A fundamental right enshrined in Article 9 of the 1789 Declaration of the Rights of Man and Article préliminaire of the Code of Criminal Procedure. Every person charged with a criminal offense is presumed innocent until proven guilty in a fair trial.
Principe de légalité — Principle of legality in criminal law, enshrined in Article 8 of the 1789 Declaration and Article 111-3 of the Penal Code. No one may be punished for an act that did not constitute an offense at the time it was committed, nor subjected to penalties not provided for by law (nullum crimen, nulla poena sine lege).
Procédure civile — Civil procedure. The body of procedural rules governing litigation before civil courts, principally codified in the Code of Civil Procedure (Nouveau Code de procédure civile). It regulates the initiation, conduct, and resolution of civil disputes, emphasizing the adversarial principle and case management.
Propriété — Ownership. The right to enjoy and dispose of things in the most absolute manner under Article 544 of the Civil Code, provided the use is not prohibited by law or regulation. Ownership comprises the right to use (usus), enjoy the fruits (fructus), and dispose (abusus) of property, subject to limitations in the public interest.