Judicial Jurisdiction Rules and Pleas of Lack of Jurisdiction
Explanation
This presentation is a simplified explanatory overview of the legal rules and not the legislative text itself. The Code of Civil Procedure determines the cases that fall within the jurisdiction of the single judge (le juge unique). These include personal, real estate, and movable property lawsuits. Their value must not exceed LBP 5,000,000,000. (fifty times the amount stated in the article's text, pursuant to Decree No. 13909 dated 12/9/2024). He also hears civil status lawsuits except those affecting nationality, and undisputed successions. He hears lawsuits concerning movable and immovable lease contracts and free management regardless of the rental value. His powers include lawsuits concerning occupancy, possession, irrigation, easement, boundary demarcation, and urgent matters. The jurisdiction of the real estate judge is taken into consideration.
The single judge also assumes the duties of the head of the enforcement department (le chef du bureau d'exécution). In this capacity, he objectively rules on the substance of problems arising from enforcement procedures. As for problems not directly related to these procedures, his jurisdiction is limited to taking provisional measures. This is done according to the established rules for urgent matters (le référé).
The law addresses the issue of submitting a counterclaim (une demande reconventionnelle) whose value exceeds the financial threshold of the single judge. This request falls within the jurisdiction of the chamber of first instance (la chambre de première instance). As a general rule, the single judge is limited to hearing the original lawsuit alone. However, if it appears that the judgment on the counterclaim affects the fate of the original lawsuit, he refers the entire file. Both lawsuits are referred to the chamber of first instance to decide on them together. An exception is if the litigants explicitly agree to keep both disputes before the same single judge.
The general assembly of the court of cassation (l'assemblée plénière de la cour de cassation) has jurisdiction over specific types of cases. Its mandate includes hearing lawsuits concerning the state's liability for the acts of judicial judges. It hears cases that establish an important legal principle or prevent judicial contradiction. This is done by a referral decision from the reviewing chamber. It also hears requests for the designation of the competent authority (le règlement de juges) to resolve conflicts between two judicial courts. This includes conflicts between a judicial court and a Sharia or sectarian religious court, or between two religious courts. It hears objections against final decisions issued by religious courts. This is on the grounds of lack of jurisdiction or violation of essential forms related to public order. Finally, it hears the petition for cassation in the interest of the law.
The rules specify special provisions for territorial jurisdiction in certain disputes. In lawsuits arising from bankruptcy (la faillite), jurisdiction is exclusively vested in the court that declared the bankruptcy. As for life insurance contracts (l'assurance-vie), jurisdiction belongs to the court of the insured's domicile. In accident insurance contracts (l'assurance-accidents), the law grants the choice to the plaintiff. The choice is between the court of the place where the accident occurred or the court of the insured person's domicile.
Official legal articles
amend · 1985-03-28: Open the official text
amend · 1990-12-20: Open the official text
amend · 1992-05-14: Open the official text
amend · 1998-11-12: Open the official text
amend · 2024-09-19: Open the official text
replace · 1989-01-12: Open the official text
Think deeper
How does the nature of the dispute in the counterclaim affect the determination of the competent court when its value exceeds the threshold, and what is the effect of the litigants' agreement in modifying this rule?
Flashcards
What is the financial ceiling for the jurisdiction of the single judge in personal and real lawsuits?
The financial ceiling is set at LBP 5,000,000,000 (Article 86). (fifty times the amount stated in the article's text, pursuant to Decree No. 13909 dated 12/9/2024).
When does a request for succession fall outside the jurisdiction of the single judge?
It falls outside his jurisdiction when it is contested by a dispute over the designation of heirs or the determination of inheritance shares (Article 86).
What is the scope of the single judge's jurisdiction in lawsuits concerning lease contracts and free management?
He has jurisdiction over them regardless of the rental value and this includes occupancy lawsuits and the requests and defenses inherent to them (Article 86).
How does the single judge deal with problems not related to enforcement procedures?
He only takes provisional measures regarding them according to the rules of urgent matters (Article 87).
What is the procedure followed if the counterclaim falls outside the jurisdiction of the single judge and affects the resolution of the original lawsuit?
He decides to refer the original lawsuit along with the counterclaim to the chamber of first instance unless the litigants agree that he decides on both together (Article 89).
What is the competent authority for requests to designate the competent authority in the event of a conflict between a judicial court and a Sharia or sectarian court?
The competent authority is the court of cassation in its general assembly (Article 95).
Where is the dispute brought in lawsuits related to accident insurance?
The dispute is brought before the court of the place where the accident occurred or the court of the insured's domicile (Article 110).
Practice questions
What is the lawsuit explicitly excluded from the jurisdiction of the single judge in civil status cases?
The single judge has jurisdiction in civil status lawsuits excluding those related to nationality (Article 86).
If the value of the counterclaim exceeds the jurisdiction of the single judge and it does not appear to affect the resolution of the original lawsuit, what does the judge do?
If the counterclaim falls outside the jurisdiction of the single judge based on its value he limits himself to deciding on the original lawsuit alone as long as its effect on its resolution is not apparent (Article 89).
Which of the following cases does the single judge hear regardless of the disputed rental value?
The single judge has jurisdiction in lawsuits related to movable and immovable lease contracts and free management regardless of the rental value (Article 86).
What is the court with territorial jurisdiction to hear lawsuits arising from bankruptcy?
Jurisdiction in lawsuits arising from bankruptcy belongs to the court that declared the bankruptcy (Article 108).
An objection may be filed before the general assembly of the court of cassation against a final decision issued by a sectarian or Sharia court in the event of:
It is permissible to object due to the lack of jurisdiction of the sectarian or Sharia court or its violation of essential forms related to public order (Article 95).
In lawsuits related to life insurance, judicial jurisdiction is vested in the court of:
Jurisdiction in lawsuits related to life insurance belongs to the court of the insured's domicile (Article 109).
Case problems
A plaintiff filed a personal lawsuit before the single judge. He claimed a debt of LBP 3,500,000,000 from the defendant arising from a supply contract. The defendant submitted a brief containing a counterclaim demanding the termination of the contract. He demanded compelling the plaintiff to pay compensation of LBP 6,000,000,000 due to the delivery of defective goods. The single judge found that the validity of the delivery of goods in the counterclaim determines the proof of the debt in the original lawsuit. The defendant insisted on referring both lawsuits to the chamber of first instance, while the plaintiff refused this.
Model answer
The original lawsuit falls within the financial jurisdiction of the single judge because its value does not exceed LBP 5,000,000,000 (Article 86). (fifty times the amount stated in the article's text, pursuant to Decree No. 13909 dated 12/9/2024).
The counterclaim falls outside the jurisdiction of the single judge and falls within the jurisdiction of the chamber of first instance. This is because its value exceeds the threshold set at LBP 5,000,000,000.
If the counterclaim falls outside the jurisdiction of the single judge and affects the resolution of the original lawsuit, both must be referred together to the chamber of first instance (Article 89).
The single judge cannot continue hearing them together due to the absence of the litigants' explicit agreement to do so. He must refer the entire file to the chamber of first instance.
Self-grading rubric
A final judgment was issued by a Sharia court in a family case, and it became apparent to one of the parties that the court ruled on an issue completely outside its authority and functional jurisdiction and violated essential forms related to public order while issuing the decision. The aggrieved party asks about the competent judicial authority to submit an objection against this final judgment based on the law.
Model answer
The appeal targets a final decision issued by a religious (Sharia) court on the grounds of lack of jurisdiction and violation of essential forms related to public order.
The law permits objecting to a final decision issued by a Sharia court for lack of jurisdiction or violation of essential forms (Article 95).
The jurisdiction to hear this objection belongs to the court of cassation in its general assembly.
The exclusively competent judicial authority to submit the objection is the general assembly of the court of cassation, which convenes with the quorum specified in the Law on the Organization of the Judiciary.