Court of Bankruptcy (France)

In France, the Court of Bankruptcy (TGI) is the jurisdiction of common right (in opposition to the jurisdictions of exception) in first authority: he knows litigations which are not especially allotted to another jurisdiction. In addition, it has special competences of which some are exclusive.

There exist 181 Courts of Bankruptcy in metropolis (one or more by department). However, a reform of the legal Carte (the first since 1958) initiated by the Minister of Justice Rachida Dati is currently in the course of discussion, whose first decisions are planned for the September 30th. Most of the Courts of Bankruptcy riquent being removed, the spirit of the reform being to keep only one by department of them in general.

He sees himself allotting an exclusive competence for certain dispute (state of the people, including nationality, real estate) or for all the civil requests whose amount would exceed 10.000€. Jurisdiction of common right, the T.G.I is also qualified for all the litigations which would not be directly allotted to a jurisdiction.

In theory, in front of the Court of Bankruptcy ruling out of civil matter, and contrary with the jurisdictions of exception the ministry of lawyer is obligatory, i.e. it is impossible to seize oneself the court and to ensure oneself its defense. This principle knows several exceptions: actions relating to the parental authority in front of the judge with the family businesses, and referred.

Each Court of Bankruptcy includes/understands professional magistrates, divided into two entities: the seat, or magistrates sitting, who are the judges: chair, ordinary vice-presidents and judges, and the " parquet" , or magistrates upright, whose function is to represent the general interest, by seizing the court or while intervening with the lawsuits. Another body of civil servant supplements the formation of the Court of Bankruptcy: the clerks, under the direction of the clerk as a chief, who write the judicial documents and guarantee the authenticity of it. They are not secretaries of jurisdiction in the direction where they are not hierarchically submitted to the magistrates, nor noted by them. According to its importance, a Court of Bankruptcy can include/understand several " rooms ". Lastly, of the auxiliary personnel magistrates and clerks assist: the assistants of justice, who assist the magistrates of the seat to carry out research and to write draft decisions, the teachers, the welfare workers, and of course the police force in load of the service of order to the audience and escort of the prisoners.

Competence

See also: Competence (right)

In the civil field, the nature of the litigation determines the competence of the Court of Bankruptcy as regards movable Personal actions. If the amount of the action is higher than 10  000  €, it is the Court of Bankruptcy which is qualified. If it lies between 4  000 and 10  000  €, it is the Magistrates' court which is qualified. Lastly, if this amount is lower than 4  000  €, the litigation will be made available of the Juridiction of proximity.

In the penal plan, the Court of Bankruptcy includes/understands one or more Criminal Courts. Each one of it constitutes the Magistrates' court, within the meaning of the Criminal procedure code.

The president of the TGI

The president of the TGI has administrative competences (organization of the court) but also of jurisdictional competences.

For example, it can take summary orders when it proves to be necessary to take a temporary measure quickly. The summary procedure will impose in all the cases where one can note a characterized urgency or when one of the litigants undergoes an obviously illicit disorder. Finally the summary procedure will be essential when there is no serious dispute. The summary order would illustrate very well the absolute capacity of the judge. However, the summary procedure never rules on the bottom of the right. It is a question of a temporary measure in order to prevent an injury. The summary procedure will have to thus be judged in front of the TGI.

The president of the T.G.I is also qualified to take ordinances on request what supposes here an absence of debate. For example, on the assumption of a correction of an act of the civil statue, it does not appear necessary to hear the officer of civil statue which could make the error.

Judges of the TGI

Beside the rooms, there exist judges specialized in a given matter:

Specificities of certain TGI

TGI of Paris created a financial pole gathering magistrates of the seat and parquet floor to treat economic frauds and financial in the years 1990 and 2000.

See too

External bonds

  • the reform of the legal chart on the site of the ministry for the jutice

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