Assignment "on the merits" in France: A comprehensive guide for SME managers and CEOs
Subpoena is a central procedure for resolving commercial disputes definitively. Mastering its framework and its implications allows any SME manager to secure the interests of his company and to anticipate the management of conflicts. This article answers all your questions about asset allocation in concrete terms, by outlining the essential steps, challenges, practical examples, pitfalls to avoid and good strategies.
Understand everything about assigning the merits of commercial contracts
A summons to the merits is a fundamental act in commercial and judicial litigation: it opens the way for a procedure intended to settle the dispute definitively. For SMEs, understanding their mechanisms is essential in order to anticipate, defend themselves or take legal action effectively.
What is a land subpoena?
Clear definition
A summons to the merits is an act by which a party (applicant) refers to a court in order to obtain a decision on the merits of the dispute, i.e. a final solution to its commercial, contractual or civil dispute. In concrete terms, it is a question of asking a judge to rule on the complete file, after contradictory debate.
Concrete examples
- An SME wants to obtain the payment of an unpaid invoice: it submits its defaulting customer “basically” before the commercial court.
- A commercial owner requests the eviction of a tenant refusing to vacate the premises, after several formal notices: an assignment on the merits allows a judgment to be made on the validity of the lease and the indemnities.
Focus: Typical case of assignment to the bottom
A distributor believes that a supplier has abruptly broken a commercial contract without notice: he can file a lawsuit on the merits to obtain compensation and damages, in view of all the documents and arguments.
The common thread of a classical procedure - the key steps
- Writing the summons: statement of facts and legal basis.
- Service to the opposing party by bailiff.
- Filing at the registry office: registration with the court.
- Exchanges of conclusions between lawyers.
- Court hearing.
- Deliberation and delivery of the judgment on the merits.
Substantive or summary proceedings: understanding the differences
Comparative definitions
- **Proceedings on the merits **: final judgment, full debate, often longer periods of time, all documents are examined.
- Referral procedure: emergency, interim measure (e.g. suspension, injunction), does not rule on the merits but often on the clearly unlawful disturbance.
Comparative table
Find my article on assignment in summary here: https://www.victorisavocat.com/blog/assignation-en-refere-le-guide-strategique-pour-les-dirigeants-de-pme
Assignment for payment at the end of the day: a practical case
Illustration
Suppose that a service provider is not paid despite several reminders: it mandates its lawyer for a summons for payment on the merits before the commercial court. The entire case is discussed, and the judge resolves the dispute definitively.
Assignment to the merits after judicial expertise
Articulation expertise — substantive procedure
After a judicial expertise (e.g. on a technical defect in the delivered equipment), you can file a summons on the merits in order to obtain compensation or the performance of contractual obligations, on the basis of the expert report.
Application examples
- A report concludes that there is a defect: you assign the service provider to the bottom to obtain compensation.
Substantial assignment model
Recommendations for the manager
The substantive assignment must be written according to a template:
- Designation of the parties
- Full statement of facts
- Claimant's claims
- Documentation of legal resources
- Indication of the court seized
- Mention of the hearing date
Educational framework: Points of vigilance
Be sure to be clear in the statement of facts and precise in the legal foundations.
Simplified example (adapted to SMEs)
“Mr. X, manager of company Y, asks the Paris Commercial Court to order the Paris Commercial Court to order company Z to pay him the sum of XXX euros for the non-payment of the following invoices...”
What court to go to for a summons on the merits?
Judicial court or commercial court
- Judicial court: civil or mixed disputes, commercial leases, real estate law.
- Commercial court: sole competent for disputes between traders or commercial companies, contractual breach, non-performance, unfair competition.
Examples
- Dispute between two SMEs over a distribution contract: commercial court.
- Dispute over the eviction of a commercial lease: judicial court.
What is the duration of the procedure on the merits?
Expected deadlines
The substantive procedure generally takes between six months and two years, depending on the complexity, the referrals and the court calendar. In the commercial context, the average duration is twelve to eighteen months.
Points of vigilance
A well-prepared file, comprehensive documentation, and effective communication can reduce delays.
Examples
- Simple litigation (non-performance of contract: payment): 9-12 months.
- Litigation with expertise: up to 24 months.
Judgement on the merits: definition and scope
The judgment on the merits concludes the procedure: it decides on all requests made and can open the way to an appeal (appeal, cassation). It is generally legally enforceable unless suspended or appealed.
Examples
- Condemnation to pay a sum.
- Contract resolution.
- Reparation for harm.
Substantive procedure after judicial expertise
After judicial expertise, the manager must take care to properly integrate the report into the factual and legal aspects of the case. The aim is to anchor requests based on the expert's findings.
Deadline for assigning after expert report
In principle, the manager has a limitation period (variable depending on the nature of the dispute: 5 years for contractual liability claims). Attention: it is advisable to assign quickly after receiving the report, to avoid any dispute over the admissibility or loss of evidentiary value of the report.
Assignment to the bottom FAQ
What is a land subpoena?
It is the act that triggers a legal procedure to obtain a final judgment on a dispute. It opposes two parties around a contractual, commercial or civil dispute.
What is the difference between trial and referral?
A summons to the merits leads to a total decision on the dispute. An injunction is an interim or urgent decision that does not resolve the entire dispute.
What is a substantive procedure?
This is the litigation phase where the judge reviews all the arguments and documents to decide the dispute on the merits, and makes a final decision.
What is a summons for payment on the merits?
It is a legal action to obtain the condemnation of a debtor to pay a sum, after examining all the evidence and disputes.
Assignment to the fund after expertise: how does it work?
After a judicial expertise, a summons to the merits allows the conclusions of the report to be used to support or substantiate claims before the judge.
Is there a substantive assignment model?
Yes: parties, facts, request, legal means, legal means, documents, documents, court seized, hearing date, are the essential sections.
Submission to the merits or in summary proceedings? What to choose?
The urgency and scope of the request dictate the choice: the merits for a final decision, the summary for an emergency or interim measure.
How long does a trial last?
Between 6 and 24 months depending on the nature of the dispute and the jurisdiction seized.
What court to go to for a summons on the merits?
The commercial court for disputes between traders or companies; the judicial court for commercial leases and real estate law.
Definition of judgment on the merits?
The judgment on the merits is the judge's final decision on the dispute, which may be accompanied by convictions and enforcement measures.
Substantive procedure after judicial expertise: what are the deadlines?
The manager should ideally assign within the applicable limitation period, relying on the report to give credibility to his requests.
How to assign to the bottom effectively?
Carefully prepare the case, gather all the documents, choose the competent court and seek the advice of a lawyer.
Practical box: Good practices for a successful substantive assignment
- Anticipate the evidence: gather all contractual exchanges, invoices, reminders, expertise.
- Carefully write the assignment: clarity, pedagogy, technical arguments.
- Use a lawyer competent in commercial contracts to secure the act and the procedure.
A regulated matter: the support of a lawyer is essential
Commercial litigation is strictly regulated and technical. Only a lawyer who is familiar with the procedures can advise you on risks, judicial strategy and prospects. And above all represent you before the courts. Before any assignment, it is essential to foresee all the possible consequences, in law and on the activity of the company.
Conclusion
Assignment to the merits is a decisive legal lever for SMEs, whether it is to obtain the execution of a contract, damages or to anticipate the defense. Specialized support and a well-thought-out strategy maximize your chances of success and secure the future of the company.
