This document outlines the principles governing the determination of the material competent court and prescription in civil procedure, including the role of the judicial court and specialized jurisdictions.
Extract
[...] This means that the prescription period stops temporarily but does not erase the time already passed. It can also be interrupted, in this case the period starts over from zero for the same duration as the original one. In addition, regardless of the suspension or interruption of the prescription, the period of the extinctive prescription cannot exceed twenty years from the birth of the right. (art C.civ). On the other hand, there are imprescriptible rights, which cannot be suppressed due to their extreme gravity such as crimes against humanity. [...]
[...] In the event of a material incompetence raised, this must be raised in limine litis, i.e. before any defense on the merits. There are exceptions to all this, certain private law disputes, can fall under the competence of the administrative judge if they involve a public person. The Tribunal of Conflicts is then the organ that will allow to resolve this. The determination of the material jurisdiction competent depends therefore on the dispute, its amount, and sometimes other aspects that come into play, such as the will of the parties. II. [...]
[...] Civil Procedure - Determination of the Material Competent Court and Prescription I. Determination of the Material Competent Court The material competent court assigns a dispute to the competent court based on the nature of the dispute. This competence is determined mainly by the Civil Procedure Code and the Judicial Organization Code. It is necessary to distinguish legal criteria for designating a jurisdiction during a dispute according to its civil, social, commercial or labor nature. It is first necessary to distinguish the common law jurisdiction, which is now the judicial court, which is competent by principle, unless competence is attributed to another and specialized jurisdiction (COJ, art. [...]
[...] It can relate to real, personal, movable, and immovable rights. There is extinctive prescription, which extinguishes a right that has not been exercised, and acquisitive prescription, which allows the acquisition of a right through possession. In civil matters, prescription essentially relates to extinctive prescription (art C.civ). Since 2008, the prescription period for all matters arising from common law is five years (art C.civ). Previously, the period was thirty years. The period is thirty years only for real estate immovable actions. [...]
