contentieux

Contentieux is a French legal term that refers to disputes that require resolution by a court or tribunal. The word broadly denotes the body of law and procedures governing lawsuits and other contentious proceedings, as opposed to matters settled by negotiation, arbitration outside the state courts, or administrative decisions that are not challenged in court.

The main areas of contentieux cover civil and commercial disputes between private individuals or organizations (for example, contract, property, or tort claims), administrative disputes involving actions or decisions of public authorities, and specialized branches such as social (employment and social security), fiscal (tax) and penal (criminal-related) disputes. In practice, practitioners distinguish between contentieux civil and commercial, contentieux administratif, and contentieux social, with additional subfields for tax, electoral, or constitutional issues in some jurisdictions.

Procedures typical of contentieux begin with the filing of a claim or appeal, followed by written pleadings, evidence gathering, and hearings. Judgments or orders are issued by the appropriate court or tribunal, and remedies may include appeals, cassation, or other review mechanisms provided by law. Administrative contentieux is often handled by dedicated administrative courts or bodies and may involve a hierarchical path to supreme or constitutional review, whereas civil and commercial contentieux proceed through general or specialized civil courts.

The term is commonly used by legal professionals, scholars, and public administrations to categorize disputes that require judicial resolution. It highlights the adversarial and procedural aspects of legal conflict, as distinct from non-contentious or purely executive decisions.