Incidents of competence.
- We need a systematic challenge to jurisdiction is not an obstacle.
- 3 types of challenge: total incompetence (lack of jurisdiction) Exception connectivity,
The competency check.
- The court declares itself incompetent.
- Ability to appeal against this decision. At 58, creating the resort called the "contradiction". We can be 'contradicted' either call.
- We need a systematic challenge to jurisdiction is not an obstacle.
- 3 types of challenge: total incompetence (lack of jurisdiction) Exception connectivity,
The competency check.
- The court declares itself incompetent.
- Ability to appeal against this decision. At 58, creating the resort called the "contradiction". We can be 'contradicted' either call.
The difference lies in whether the trial judge decided the issue of jurisdiction without deciding the merits, or if it is expressed in the background. If it is decided that the competence, the remedy is the Contradicts, but he also spoke on the bottom, then it will appeal.
The District Court.
- Vocation to deal with small claims, single judge.
- Article L141-4 of the Code of Judicial Organization. Judge of the competent District Court in all matters of a value up to 10k euros. Up to 4k euros last spring, and appeal to 10k euros.
The proximity court.
- Created by Law 9 September 2002 amended in 2005. Mal perceived by the judiciary because judges are volunteers. The local court has primary jurisdiction of last resort for personal or household dispute until 4k euros, subject to appeal to the indeterminate requests that originate from an obligation and the amount of <4k euros.