The action is the right, for the author of a claim, to be heard on the merits of that claim so that the judge can say it is well-founded or ill-founded. For the opponent, the action is the right to discuss the merits of that claim.
The action is open to all those who have a legitimate interest in the success or rejection of a claim, subject to cases in which the law attributes the right to act only to persons whom it qualifies to raise or combat a claim, or to defend a specific interest.
Any claim made by or against a person without the right to act is inadmissible.
Any person who takes legal action in a dilatory or abusive manner may be ordered to pay a civil fine of up to 10,000 euros, without prejudice to any damages that may be claimed.
The jurisdiction of the courts by reason of the subject matter is determined by the rules relating to judicial organisation and by special provisions.
Jurisdiction by reason of the amount of the claim as well as the rate of jurisdiction below which the appeal is not open are determined by the rules specific to each court and by the provisions below.
Where several claims based on different and unrelated facts are made by one plaintiff against the same adversary and joined in one proceeding, the jurisdiction and rate of jurisdiction shall be determined by the nature and value of each claim considered in isolation. Where the joined claims are based on the same facts or are related, the jurisdiction and rate of jurisdiction shall be determined by the total value of…
Where claims are made, in the same proceedings and under a common instrument, by several plaintiffs or against several defendants, jurisdiction and the rate of jurisdiction shall be determined in respect of all the claims, by the highest of them.
Where jurisdiction depends on the amount of the claim, the court hears all interventions and counterclaims and claims for compensation that are lower than the rate of its jurisdiction even though, taken together with the plaintiff’s claims, they would exceed it.
Where an incidental claim exceeds the rate of its jurisdiction, the judge, if a party raises lack of jurisdiction, may either rule only on the original claim or refer the parties to litigate the whole before the court having jurisdiction to hear the incidental claim. However, where a counterclaim for damages is based exclusively on the original claim, the court shall hear the counterclaim regardless of the amount of the…
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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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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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