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Local legal context

Insolvency law and practice in France

French insolvency matters are rooted in the civil-law tradition and the commercial court system. The following points summarise how the legal framework operates, from court structure to costs and deadlines. All information is based on official French sources.

Commercial courts and appeals

The tribunal de commerce is a first-instance court for business disputes, including those involving companies in financial difficulty. It is composed of elected lay judges. Appeals go to one of 36 cours d’appel, which re-examine the case in fact and in law. The Cour de cassation reviews questions of law only. Parties may appear in person before the tribunal de commerce.

Who can practise as an avocat

To represent you in French courts, a lawyer must hold a Master 2 in law, the CAPA, and be registered with one of the 164 local bars. They must take an oath before the cour d’appel and complete 20 hours of continuing education yearly. This ensures professional standards in insolvency matters.

Court fees and legal costs

Justice is generally free, but filing a claim before a civil court of first instance requires a €50 fiscal stamp; appeals with mandatory representation require a €225 electronic stamp. Lawyers’ fees are freely agreed and usually set out in a convention d’honoraires. Legal aid (aide juridictionnelle) can cover all or part of the costs for eligible clients.

Key deadlines for creditors

Civil and commercial debt claims are generally subject to a five-year limitation period. Consumer debt claims have a two-year limitation. These deadlines are critical for creditors seeking to recover money from a company in financial difficulty. Missing them can bar your claim, so early legal advice is essential.

Judicial and administrative courts

France has two separate court systems. Insolvency and commercial matters fall within the judicial order, alongside the tribunal judiciaire and cour d’appel. The administrative order handles disputes involving public authorities. The Tribunal des conflits resolves any conflicts of jurisdiction between the two orders.

Real-estate transfers and notaries

If insolvency proceedings involve the sale of real property, French law requires an authentic deed drawn up by a notary for registration in the land registry. Notaries are public officers with a monopoly on conveyancing. This ensures legal certainty and tax collection during asset sales.

Data compiled from official French legal sources (Ministry of Justice, Conseil national des barreaux, Legifrance) as of 2025.

• Ministry of Justice – Organisation of courts and tribunals
• Conseil national des barreaux – Conditions of access to the profession
• Justice.fr – Court fees and the cost of proceedings
• Legifrance – Civil Code, limitation periods
• Legifrance – Consumer debt limitation
• Legifrance – Labour Code, dismissal and contract claims
• Legifrance – Succession option period
• Legifrance – Rental lease actions
• Legifrance – Administrative appeal deadline
• Legifrance – Divorce action
• Legifrance – Notary and real-estate transfers
• Ministry of Justice – The French legal system (PDF)