What are the fundamental features of civil procedure?

- The term civil procedure had a negative connotation for many years. The procedural is the one who wins the case because he is familiar with the procedure.
- Civil procedure is a public service organized and regulated.
- Civil procedure: Set of rules governing the operation and organization of civil justice in order to ensure the specific implementation and enforcement of private rights falling under private law.
→ The civil procedure belongs to the category of sanctioning rights.

- What is the purpose of private law? What are features?
→ A to oblige individuals to rely on the courts to resolve their disputes.
→ Who is the judge? Which judge will be able to decide the case in civil matters? The rule of jurisdiction.
→ How will the decision be obtained? Via a trial (one way!)
→ How compel someone to pay?

- In theory, civil procedure only deals with the conduct of the trial, ie say the introduction of the application to the final decision of the trial. In practice, jurisdictional issues are grafted to this procedure.

Part 1 = jurisdiction.
Part 2 = action theory: why I can refer to a judge? How?
3rd party = instance theory: how the trial proceeds.

- Place of private law between private law and public law.

→ For a long time it was thought that it was a purely private law matter, the only way to go to court to enforce a personal right (Civil Code).
→ But is the judge of the competence of private or public?
→ Civil procedure is of a mixed nature.

- If the civil proceedings was a matter of pure civil law, the State would have only a minimal role against the power of the parties. If it were a matter of public law, the parties would have no power over their powers.
→ The civil procedure is a mixed material, halfway between the civil and the public, between the powers of the parties and the powers of the judge in the proceeding.
- The purpose of civil proceedings is the defense of vested interests.

- A good procedure is a good factor of social peace. Ex china.
- A good procedure is a growth factor.

- What are the fundamental features of civil procedure?
→ Formalist and imperative. Formalistic since many strict and minute rules, particularly concerning the types of acts or deadlines for lodging requests. A breach of technical rules generally incurs a zero acts, and underlying acts to it even if it does not happen automatically. Imperative because usually studied all the rules are rules of public order, in the public interest and in the interest of the parties