You're moving house and changing your address on all your administrative documents. But have you thought about the legal consequences of this change? Your address determines which court will hear your disputes. A fundamental rule that dates back to Roman law.
The fundamental principle: "Actor sequitur forum rei".
This Latin maxim literally means "the plaintiff follows the defendant's court". It is the basic rule of territorial jurisdiction.
Article 42 of the Code of Civil Procedure (CPC) explicitly enshrines this principle: "Unless otherwise provided, the court having territorial jurisdiction shall be that of the place where the defendant resides.
This principle has several advantages:
- It protects the defendant against abusive actions
- It avoids forum shopping (strategic choice of a favourable jurisdiction)
- It guarantees fair access to justice
Article 43 of the CPC specifies that for a natural person, the place where he or she lives means his or her domicile or, failing that, his or her residence. For a legal entity, it is the place of its establishment.
Companies with several establishments benefit from the so-called "main stations" jurisprudence: the plaintiff can sue at the place of a secondary establishment if the dispute is related to the activity of this establishment.
Exceptions to the principle
Exclusive powers
Certain disputes must be brought before a specific court, regardless of the defendant's domicile.
In property matters, article 44 of the CPC gives exclusive jurisdiction to the court for the place where the property is located. This rule applies to claims, demolition actions and disputes relating to leases.
For successions, article 45 of the CPC designates the court of the place where the succession was opened (last domicile of the deceased). This concentration of litigation facilitates the overall settlement of the estate.
Collective proceedings follow the same logic. Article R.600-1 of the French Commercial Code assigns jurisdiction to the court of the company's registered office or, for the self-employed, the registered business address.
Contractual extensions of jurisdiction
The parties may derogate from the rules of territorial jurisdiction by contract. Article 48 of the CPC strictly regulates this possibility:
- It is only valid between traders
- The clause must appear very clearly in the contract
Be careful not to confuse these with arbitration clauses, which designate an arbitral tribunal. Article 2061 of the Civil Code, amended by the law of 18 November 2016, provides that. "the arbitration clause must have been accepted by the party against whom it is enforced". and is not enforceable against a non-professional.
Skills options
Article 46 of the CPC provides the claimant with jurisdictional options in certain cases.
Contractual matters
The claimant may choose to bring the matter before the court for the place where the goods were actually delivered or the place where the service was provided.
Case law states that payment of the price does not constitute the provision of services (Civ. 1re, 16 March 1999, no. 96-22016).
In tort
Applicants can choose between :
- The court in the place where the harmful event occurred (where the fault was committed)
- The court in the place where the damage was suffered
These rules are particularly important in the age of the internet, even if the mere accessibility of a site is not sufficient to establish jurisdiction (Com. 29 March 2011, no. 10-12272).
For maintenance payments
In maintenance cases, the claimant may bring the matter before the court for the place where the creditor lives. This rule, set out in article 46 of the CPC, is designed to protect the presumed weaker party.
The special case of article 47
Article 47 of the CPC provides for a "privilege of jurisdiction" when a magistrate or court officer is a party to a dispute. The plaintiff may then bring the case before a court located in a neighbouring jurisdiction.
This rule applies to magistrates (professional, consular and industrial tribunal), lawyers, bailiffs, court clerks and judicial representatives. It does not apply to notaries, experts or avocats aux Conseils.
This privilege applies automatically and cannot be abused (Soc. 11 July 2002, no. 00-44407). The request may be made at any time, but since a recent reform, it must be made as soon as the person making it is aware of the reason for dismissal.
A practical tip: always check your territorial jurisdiction before taking any action. A mistake can result in inadmissibility, and your opponents will be sure to raise this objection.
Our firm can help you analyse your situation and determine which court has jurisdiction over your case. Contact us for an appointment.
Sources
- Code of Civil Procedure, Articles 42 to 48
- Civil Code, article 2061 amended by law no. 2016-1547 of 18 November 2016
- French Commercial Code, article R.600-1
- Civ. 1st, 16 March 1999, no. 96-22016, Bull. civ. I, no. 96
- Com. 29 March 2011, n°10-12272, Procédures 2011, comm. 195
- Soc. 11th July 2002, n°00-44407, Bull. civ. V, n°255
- Doctrine "Domicile, demeure et résidence" by Jérémy Jourdan-Marques, Senior Lecturer at the University of Lorraine (January 2017)
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