Article L732-2 of the French Commercial code
November 7, 2023
The jurisdiction of the mixed commercial courts is determined by this Code and the specific laws.
The jurisdiction of the mixed commercial courts is determined by this Code and the specific laws.
The mixed commercial courts are courts of first instance composed of the president of the judicial court, president, elected judges, subject to the provisions of Article L. 732-7, and a court clerk. Judges are elected under the conditions set out in articles L. 723-1 to L. 723-13. The registry of the mixed commercial courts, the list of which is set by decree in the Conseil d’Etat, is provided by a…
In districts where no mixed commercial court has been established, the judicial court hears matters assigned to the mixed commercial courts.
Judgments of the mixed commercial courts are rendered, except where provisions provide for a single judge, by a panel comprising, in addition to the president, three judges elected or appointed under the conditions provided for by Article L. 732-7. In the event of a tie, the Chairman has the casting vote.
The provisions of Title II of Book VII relating to commercial courts are applicable to the mixed commercial court, with the exception of articles L. 721-1, L. 722-1, L. 722-3, and L. 722-11 to L. 722-13.
To the list of candidates declared elected, the committee provided for by Article L. 723-13 appends a supplementary list containing the names, positions and addresses of the candidates who were not elected, stating the number of votes they obtained. The First President of the Court of Appeal, after consultation with the President of the Mixed Commercial Court, draws up a list of no more than fifteen persons from this supplementary…
Article L. 721-8 is not applicable in the overseas regions and departments.
The clerks of the commercial courts are public and ministerial officers. They cease to hold office when they reach the age of seventy. With the authorisation of the Minister of Justice, they may continue to perform their duties until the day on which their successor takes the oath, for a period that may not exceed twelve months. .
The profession of commercial court clerk is represented before the public authorities by a National Council of Commercial Court Clerks, which has legal personality and is responsible for defending its collective interests. The National Council may, before all courts, exercise all the rights reserved to civil parties in relation to acts that are directly or indirectly prejudicial to the collective interests of the profession. The methods of election and operation…
The conditions for admission to the profession of commercial court clerk are laid down by decree in the Conseil d’Etat. They include in particular a competitive examination, a traineeship and an interview to validate the traineeship, subject to the exemptions provided for by that decree. .
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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