NCJ Number
61142
Editor(s)
C J GOLDEN
Date Published
1978
Length
45 pages
Annotation
FRENCH PROCEDURES DESIGNED TO INCREASE CITIZEN ACCESS TO MECHANISMS FOR DISPUTE RESOLUTION ARE DESCRIBED.
Abstract
LEGAL AID SERVICES EXIST TO GIVE THE POOR ACCESS TO THE COURTS, ALTHOUGH MANY MEMBERS OF THE BAR FEAR THAT THE QUALITY OF ATTORNEY SERVICES MUST INEVITABLY SUFFER DUE TO THE LOW FEES PROVIDED ($200 MAXIMUM FOR A CASE). EFFORTS TO SPEED UP DECISIONS AND THEIR IMPLEMENTATION IN FINANCIAL DISPUTES INCLUDE THE RAISING OF INTEREST RATES ON OVERDUE PAYMENTS FROM 5 TO 9 PERCENT; PROVISIONS FOR A PRELIMINARY RULING WHEN THE OBLIGATION TO PAY IS NOT SERIOUSLY CONTESTED, AND FOR THE EXECUTION OF PRELIMINARY DECISIONS, ALBEIT ON A TEMPORARY BASIS SHOULD AN APPEAL BE UPHELD; AND THE EXCLUSION OF APPEALS FOR SMALL CLAIMS. THE LOWER ORDINARY COURTS (TRIBUNAUX D'INSTANCE), WITH JURISDICTION ONLY IN CIVIL MATTERS, HAVE A PROCEDURE IN WHICH THE PARTIES ARE ALLOWED TO PLEAD THEIR OWN CASES. THE WIDE USE OF SPECIALIZED COURTS IS ONE OF THE MOST IMPORTANT CHARACTERISTICS OF THE FRENCH JUDICIAL ORGANIZATION. PROCEDURES AIM TOWARD SIMPLICITY AND LOW COST IN THE SPECIALIZED COURTS, WITH THE CURRENT TREND AIMING TOWARD PROCEDURAL UNIFORMITY, WHILE RESPECTING THE PARTICULAR IDENTITY OF EACH COURT. PROCEDURES PERMITTING A SWIFT AND ECONOMICAL RECOVERY OF LIQUID DEBTS INCLUDE AN INJUNCTION TO PAY, DIRECT RECOVERY OF ALIMONY, RECOVERY OF UNPAID CHECKS. PRELIMINARY CONCILIATION IS PROVIDED FOR IN THE LOWER ORDINARY COURTS, RURAL LEASE COURTS, AND THE CONCILIATION BOARD IN LABOR DISPUTES; CONCILIATION DURING THE PROCEEDING IS CURRENTLY PROVIDED FOR IN THE HIGHER COURTS. LAW PROVIDES FOR DIVORCE BY MUTUAL CONSENT, THUS ELIMINATING COSTLY DIVORCE PROCEDURES. LITIGATION TREATING A NUMBER OF AFFECTED AND INTERESTED PARTIES IN A SINGLE PROCEEDING IS INCREASING, THUS SAVING TIME AND MONEY WHILE AVOIDING CONTRADICTORY DECISIONS. FOOTNOTES ARE PROVIDED. (RCB)