French Legal Terms Q-T
Q
Quasi-contrat — Quasi-contract. A lawful act creating obligations without an actual agreement, governed by Articles 1300-1303 of the Civil Code. The principal quasi-contracts are gestion d’affaires (management of another’s affairs without mandate), paiement de l’indu (undue payment), and enrichissement injustifié (unjust enrichment).
Question prioritaire de constitutionnalité (QPC) — A procedure introduced by the 2008 constitutional reform, effective 2010, allowing litigants to challenge the constitutionality of enacted statutes during ongoing proceedings before any court. The Constitutional Council decides the constitutional question; if upheld, the statute is repealed.
R
Recours pour excès de pouvoir — Appeal for abuse of power before the administrative courts, seeking annulment of an unlawful administrative decision. Available without prior administrative appeal on grounds of illegality, procedural irregularity, abuse of discretion, or violation of fundamental rights. It is the principal remedy in French administrative law.
Référé — Summary proceedings before a judge (juge des référés) empowered to order urgent provisional measures without deciding the merits. Available in both judicial and administrative courts, the référé requires urgency and a serious legal basis for the requested measure.
Référé-liberté — An emergency procedure under Article L521-2 of the Code of Administrative Justice allowing a litigant to obtain interim relief within 48 hours when a public authority seriously violates a fundamental freedom. The juge des référés may order any necessary measures to protect the freedom.
Référé-suspension — An emergency procedure under Article L521-1 of the Code of Administrative Justice allowing suspension of an administrative decision pending judicial review. The applicant must demonstrate urgency and serious doubt about the decision’s legality.
Réparation intégrale — Full compensation. The principle that tort damages should restore the victim to the position they would have been in but for the harmful act, without resulting in profit or loss. The victim must be compensated for all proven harm, including economic loss, pain and suffering, and moral damage.
Réquisition — Requisition. A compulsory order by public authorities requiring the provision of goods, services, or property for reasons of public necessity. Réquisitions may be military (defense needs) or civil (public order, natural disasters) and give rise to compensation.
Réservataire — Forced heir entitled to the reserved portion of an estate. See Héritier réservataire. The term describes the status of heirs who cannot be disinherited and whose minimum share is protected by law against excessive donations or testamentary dispositions.
Responsabilité civile — Civil liability. The obligation to compensate harm caused to another, governed by Articles 1240-1244 of the Civil Code. It may be contractual (breach of contract) or tortious (délictuelle). Tort liability requires fault, harm, and a causal link, though strict liability applies in certain cases.
Responsabilité pénale — Criminal liability. The personal accountability of natural and legal persons for criminal offenses, governed by Articles 121-1 to 121-7 of the Penal Code. Criminal liability requires an act (élément matériel) and intent (élément moral), except for strict liability offenses (contraventions).
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Saisie — Seizure. A legal procedure allowing a creditor to seize a debtor’s assets under judicial authority to satisfy a debt. French law distinguishes saisie conservatoire (precautionary freeze) from saisie-exécution (enforcement seizure), each governed by detailed rules in the Code of Civil Enforcement Procedures.
Saisine — Referral or submission of a matter to a court. The act by which a court is seised of a case, either by a party filing a claim (assignation or requête) or by referral from another court. The timing of saisine determines the applicable procedural rules and limitation periods.
Service public — Public service. Activities carried out by or under the authority of a public entity in the general interest, subject to administrative law principles. French law identifies three types: administrative, industrial and commercial, and social public services. The concept is fundamental to French administrative law.
Société — Company or partnership. A contractual or institutional entity formed by two or more persons contributing assets for a common enterprise, governed by the Commercial Code or Civil Code. Forms include société anonyme (SA), société à responsabilité limitée (SARL), and société par actions simplifiée (SAS).
Solidarité — Solidarity. A legal principle creating joint and several obligations among co-debtors or co-creditors. In civil law, solidary (solidaire) obligations allow a creditor to claim the full debt from any one debtor. The term also refers to the constitutional principle of national solidarity underlying social security.
Sursis à exécution — Suspension of execution. A judicial order staying enforcement of a judgment or administrative decision pending appeal. In criminal law, sursis simple and sursis avec mise à l’épreuve suspend the execution of a sentence subject to conditions.
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Tribunal administratif — The administrative court of first instance with general jurisdiction over disputes involving public authorities. France has 42 tribunaux administratifs. They hear actions for annulment of administrative decisions, public contract disputes, and claims for damages caused by public services.
Tribunal correctionnel — The criminal court with jurisdiction over délits (intermediate criminal offenses punishable by up to 10 years imprisonment). Composed of three professional judges, it handles cases ranging from theft and fraud to assault and drug offenses.
Tribunal de commerce — Commercial court with jurisdiction over disputes between merchants, commercial companies, and bankruptcy proceedings. Uniquely composed of elected non-professional judges (juges consulaires) who are business professionals, it applies commercial law and practices.
Tribunal de grande instance (TGI) — The former principal civil court of first instance, merged with the tribunal d’instance into the tribunal judiciaire by the 2019 reform effective 2020. The TGI had exclusive jurisdiction over family law, property, and civil matters exceeding €10,000.
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. It has general jurisdiction for civil disputes over €10,000 and family law matters, and includes criminal divisions for délits.