Subject to the provisions of Article 35, the judgment shall not be subject to appeal where none of the incidental claims exceeds the rate of last resort. If any of them exceeds that rate, the judge shall rule at first instance on all the claims. However, he shall rule at last instance if the only claim that exceeds the rate of last resort is a counterclaim for damages based exclusively…
A judgment deciding an indeterminate claim shall, unless otherwise provided, be subject to appeal.
Once the dispute has arisen, the parties may always agree that their dispute shall be judged by a court even if that court lacks jurisdiction by reason of the amount of the claim. They may also, subject to the same proviso and in respect of rights which are freely available to them, agree by virtue of an express agreement that their dispute shall be judged without appeal even if the…
The court having territorial jurisdiction shall, unless otherwise provided, be that of the place where the defendant resides. If there are several defendants, the plaintiff shall seise, at his choice, the court of the place where one of them resides. If the defendant has no known domicile or residence, the plaintiff may seise the court of the place where he resides or that of his choice if he resides abroad.
The defendant’s place of residence means: – in the case of a natural person, the place where that person has his domicile or, failing that, his residence; – in the case of a legal person, the place where that legal person is established.
In real estate matters, the court of the place where the property is located has exclusive jurisdiction.
In matters of succession, the following shall be brought before the court within whose jurisdiction the succession is opened up to and including partition: – claims between heirs; – claims brought by the creditors of the deceased; – claims relating to the execution of dispositions of property upon death.
In addition to the court of the place where the defendant resides, the plaintiff may bring proceedings at his own choice: – in matters relating to a contract, the court for the place of actual delivery of the thing or the place of performance of the service; – in matters relating to a tort or delict, the court for the place where the harmful event occurred or the court within…
Where a member of the judiciary or a court officer is a party to a dispute which falls within the jurisdiction of a court in whose area of jurisdiction the member of the judiciary or court officer exercises his functions, the plaintiff may refer the matter to a court situated in an adjoining area of jurisdiction. The defendant or all the parties to an appeal may request that the case…
Any clause which, directly or indirectly, derogates from the rules of territorial jurisdiction shall be deemed unwritten unless it has been agreed between persons who have all contracted as merchants and unless it has been specified in a very apparent manner in the undertaking of the party against whom it is asserted. .
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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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