The Commercial Court.
- Non-professional judges are elected. Jurisdiction to settle disputes between traders L721-3 of the Commercial Code. If both parties are not traders, part civil 'must enter the civil court, while the trader has a choice.
LaborCourt.
- Competent for all disputes on labor contracts between employers and employees. Only court competent to ca. If 4K euros, no appeal, otherwise yes.
Territorial jurisdiction.
- Principle of competence: court for the place of domicile of the defendant. Article 42 paragraph 1 of the Code of Civil Procedure.
For corporations, it will be the place where it is established. The headquarters must be understood as real head office (where exerted the direction of Co) or statutory (in the statutes). If it has branches, the institution must enjoy sufficient autonomy from the social and especially seat ...?
Sometimes the law opens a skill or fixed option a different jurisdiction criteria.
- There is an option of competence when Parliament sets in addition to the place where the respondent lives, Article 46 of the Code of Civil Procedure, a possibility to enter another court. In contractual matters (court of the place of delivery of the goods or the performance of service), in tort (place of the harmful), mixed material (both debt and real right), food material ( judge closest).
If the law sets a rule of exclusive jurisdiction which derogates from the rules of territorial jurisdiction of Article 42. In particular cases
→ In real estate, the place of jurisdiction is the place of location of the building
→ In matters of succession instead of jurisdiction over the opening of jurisdiction.
→ Act may authorize the parties to choose the competent court. Can we decide to waive the nature and the territorial jurisdiction rule?
For the waiver matter jurisdiction rule, absolute prohibition, as rules of public order. We can not choose its jurisdiction. But the will of the parties may remove the 2nd degree, if they accept the first instance judgment.
There are some cases, the rules of jurisdiction in favor of the district court, if it turns out that the dispute is over 10k euros, it is still necessary that the dispute is already born. Article 41 of the Code of Civil Procedure.
For the exception to the rule of territorial jurisdiction, according to Article 48 of the Code of Civil Procedure, general nullity of jurisdiction clauses to those entered into before the dispute arose (c ie entered into a contract). If there is no clause and that the dispute is brought before a court which would not normally be competent, and that the other party fails to challenge that jurisdiction, the jurisdiction clause will be accepted.
The invalidity is not worth between traders, the clause is exceptionally valuable, provided it concerns the trader who does not contract for his private life, and it is clearly stated in the undertaking.