Subscribe:

Ads 468x60px

Featured Posts

Private international law with its international civil procedure

Private international law with its international civil procedure.

The competence.

- A judge is competent when the jurisdictional power to decide any matter before it.
Definition of competence.

matter of jurisdiction.

Next the value of the litigation.

- The value of the first-instance proceedings will reveal whether the judgment is subject to appeal or if there will be a further appeal possible.
→ For small claims, namely maximum 4000 euros, so the first and last spring not to appeal. In practice, there will be no cessation either.
 For all disputes concerning credit rights (personal actions), shared between Amtsgericht and TGI and Judge nearby
→ to 4000: Judge nearby.
→ Up to 10,000: District Court then beyond that is the High Court.

- To determine the amount, if any one claim, take the amount of the claim as expressed in principal in the last writings of the applicant.
- If no amount of demand, are "unspecified demands." Article 40 of the Civil Procedure Code provides that such requests are always subject to appeal. To avoid too much unencrypted requests, courts are severe about it = - An application for a symbolic euro ANY INTEREST & was considered a specified amount.
- If there are more applications, in general, we consider all applications that will be added to determine the level of competence.

Next Nature litigation.

- The types of disputes are contained in the COJ. The principle is that there is a common law jurisdiction normally competent unless a special provision gives the jurisdiction to special court / award.
- Two courts of general jurisdiction: TGI and CA.

TGI created in 58 to replace civilian courts broad jurisdiction. It aims to entertain any dispute unless the particular text excluded (eg personal or transferable shares if amount is less than 10K euros = -. District Court). If it has exclusive competence, it will rule until 4k euro in first and last resort, and call for more than 10k euros (exclusive materials: Article L211-4 and following State Ex people, real personal actions, litigation.. execution ...)

The President of TGI has a skill that is exercised for provisional and protective measures, and referred queries. In addition, skills on the bottom (commercial lease).

-- Court of Appeal. 35 in France. Responsible for all use of the 2nd degree. In very specific cases, the appeal will be filed before another judge of the 1st degree. Eg, certain decisions of the guardianship judge are challenged in the TGI.

The Court of Appeal can also find some new applications, and some geographically concentrated Appeal Court appeals against independent administrative authorities.
Related Posts Plugin for WordPress, Blogger...