The applications referred to in Article 44 are submitted to the Registry Director (Directeur de greffe) of the Regional Court (Tribunal de grande instance) (Articles 509(1) and 509(2) of the Code of Civil Procedure [Code de procédure civile]) if they relate to a court decision or court settlement and to the President of the Association of Notaries (Chambre des notaires), or his/her replacement in case of absence or incapacity (Article 509(3) of the Code of Civil Procedure), if they relate to an authentic instrument.
The authority before which the appeals referred to in Article 49(2) are lodged is the President (Président) of the Regional Court (Article 509(9) of the Code of Civil Procedure).
A final decision given by the President of the Regional Court may only be contested by bringing an appeal on a point of law (pourvoi en cassation) before the Court of Cassation (Cour de cassation).
The grounds for an appeal on a point of law may vary (ruling contravening the law, misuse of power, lack of jurisdiction, lack of legal basis, lack of legal grounds, conflicting judgments, etc.) but, in all cases, the Court limits itself to a review of the application of the law. This means that the Court checks that the ruling did not contravene the law or disregard the rule of law but does not examine the facts of the case.
La Cour de cassation
5 Quai de l’horloge
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