Commercial Leases/Business Goodwill

Disputes relating to the application of the status of commercial leases are brought before the Judicial Court, which has special jurisdiction in this matter. Depending on their nature, they fall under the jurisdiction of either the president of the court or the court itself. The procedural rules are set out in Articles R. 145-23 et seq. of the Commercial Code. Even if they have not been declared public policy by an express provision, these rules are binding on the parties, who cannot derogate from them . Their mandatory nature results from the procedural text, which was enacted within the framework of judicial organization and in the interest of better administration of justice, not in the particular interest of either party .

Cass. 3e civ., 10 June 1971, LawLex202400000088JBJ.

Cass. 3e civ., 10 June 1971, LawLex202400000088JBJ, previously cited.

338. Subject-matter jurisdiction