Title V: Means of defence.

If it is contended that the court seised at first instance or on appeal lacks jurisdiction, the party raising this objection must, on pain of inadmissibility, state the reasons on which it is based and state in all cases before which court he requests that the case be brought.

Unless Article 82-1, lack of jurisdiction may be declared of its own motion in the event of a breach of a rule of jurisdiction of attribution where this rule is a matter of public policy or where the defendant does not appear. It can only be pronounced in these cases. Before the Court of Appeal and before the Court of Cassation, such lack of jurisdiction may be raised ex officio…

In non-contentious matters, the court may note of its own motion that it does not have territorial jurisdiction. In contentious matters, he may do so only in disputes relating to the status of persons, in cases where the law assigns exclusive jurisdiction to another court or if the defendant fails to appear.

The judge may, in the same judgment, but by separate provisions, declare himself competent and rule on the merits of the dispute, after having, where appropriate, first given the parties notice to conclude on the merits.

Where the court does not rule on the substance of the dispute, but the determination of jurisdiction depends on a question of substance, the court must, in the operative part of the judgment, rule on that question of substance and on jurisdiction in separate provisions. His decision has the force of res judicata on that question of substance.

If the judge declares that he has jurisdiction, without ruling on the merits, the proceedings shall be suspended until the expiry of the time limit for lodging an appeal and, in the event of an appeal, until the Court of Appeal has given its decision.