code of civil procedure
LexInter | June 4, 2003 | 0 Comments

CODE OF CIVIL PROCEDURE

NEW CODE OF CIVIL PROCEDURE

Chapter II: Territorial jurisdiction

Article 42

(Decree nº 81-500 of May 12, 1981 art. 7 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981)

   The territorially competent jurisdiction is, unless otherwise provided, that of the place where the defendant lives.
If there are several defendants, the plaintiff, at his option, seizes the jurisdiction of the place where one of them resides.
If the defendant has no known domicile or residence, the plaintiff may apply to the jurisdiction of the place where he lives or that of his choice if he lives abroad.

Article 43

   The place where the defendant lives means:
– in the case of a natural person, the place where the latter has his domicile or, failing that, his residence,
– if it is a legal person, of the place where it is established.

Article 44

       In real real estate matters, the jurisdiction of the place where the building is located has sole jurisdiction.

Article 45

In matters of inheritance, the following are brought before the jurisdiction in whose jurisdiction the inheritance is open up to and including partition:
– requests between heirs;
– requests made by the creditors of the deceased;
– requests relating to the execution of provisions on account of death.

Article 46

(Decree nº 81-500 of May 12, 1981 art. 8 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981)

The plaintiff may apply at his option, in addition to the jurisdiction of the place where the defendant lives:
– in contractual matters, the jurisdiction of the place of the actual delivery of the item or of the place of performance of the service;
– in tort, the jurisdiction of the place of the damaging event or the jurisdiction in which the damage was suffered;
– in mixed matters, the jurisdiction of the place where the building is located;
– in matters of maintenance or contribution to the expenses of the marriage, the jurisdiction of the place where the creditor resides.

Article 47

   When a magistrate or an auxiliary of justice is party to a dispute which falls under the jurisdiction of a jurisdiction in the jurisdiction of which this one exercises his functions, the applicant can seize a jurisdiction located in an adjacent jurisdiction.
The defendant or all the parties to the appeal may also request a referral to a chosen court under the same conditions; the procedure is then as stated in article 97.

V ° CLAUSES RELATING TO JURISDICTION

Article 48

       Any clause which, directly or indirectly, derogates from the rules of territorial jurisdiction is deemed unwritten unless it has been agreed between persons who have all contracted as a trader and has been specified in a very apparent in the commitment of the party to which it is opposed.

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