Agricultural litigation: trial before the Joint Court of Rural Leases (TPBR)
Verified 10 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)
You are proprietor or farmer of agricultural land or buildings and you have a dispute with your farmer? farm worker and you're in conflict with the owner of the farmland? You can enter the Joint Rural Lease Court (JRB) by an act of bailiff or by application.
The Joint Rural Leases Tribunal shall disputes between owners and operators of agricultural land or buildings, regardless of the amount.
For example, a conflict may arise in one of the following areas:
- Rent amount
- Term of lease of land
- Content of the lease
The legal claim is formed by bailiff's deed, by request or, if the parties so agree, by joint request.
In case of emergency, the court may be seised by a summons in interlocutory.
Act of Commissioner of Justice
L'act of commissioner of justice must contain certain mandatory particulars:
- Appointment of the competent court
- Purpose of the claim (damages, delivery of property, cancelation of a contract...)
- Full identity of the parties
- Grounds for the dispute
- Parts List
You can ask a lawyer for help.
Who shall I contact
If your income doesn't allow you to pay a lawyer, you can apply for legal aid.
Query
You can bring the matter before the court by submission of an application to the Registry.
The query should include the following:
- Full identity of the parties
- Court seised
- Purpose of the claim (damages, payment of rent, cancelation of the lease contract...)
- Grounds for the dispute
- List of parts (which must be supplied in as many copies as opponents).
You must encrypt your requests (€100 damages, for example).
It must be dated and signed.
The competent court shall be that the place of the situation of the property concerned.
Who shall I contact
In case of agreement (joint request)
In agreement with your opponent, you can bring a joint motion before the court by submitting it to the Registry.
This request, signed jointly by the parties, must indicate your points of agreement and your points of disagreement.
The query should include the following:
- Full identity of the parties
- Court seised
- Purpose of the claim (damages, payment of rent, cancelation of the lease contract...)
- Grounds for the dispute
- Parts List
It must be dated and signed.
The competent court shall be that of the place of the situation of the property concerned.
Who shall I contact
Please note
the use of a commissioner of justice (former bailiff and judicial auctioneer) is mandatory for submitted applications to publish to real estate file. For example, in the event of an action against a sale made in violation of a right of first refusal.
Attempting to Reconcile
You and your opponent are summoned by the court registry to an attempt at compulsory conciliation, Such conciliation shall be carried out by the court or by a conciliator of justice. At least 15 days must elapse between the date of the summons and the attempt at conciliation.
You and your opponent must seek an amicable agreement.
If conciliation is not possible, the matter is referred to a hearing for trial.
Judgment Hearing
You and your opponent must introduce yourself personally at this hearing.
You may be represented for a legitimate reason.
The people who can assist or represent you are :
- Lawyer
- An adult member of your family (father, mother, brother, sister, or child)
- Person you live with as a couple
- Commissioner of Justice
- Member of a professional agricultural organization
Please note
The procedure may take place without hearing. The parties must give their agreement in writing.
Decision of the court
You will be informed of the court's decision by a notification of the Registry of the General Court (by registered letter with request for notification of receipt).
The proceedings before the court are free of charge.
However, the costs incurred by you for the work of your lawyer or the Commissioner of Justice are borne by you. If you don't have enough resources, you can legal aid to cover all or part of these costs.
Please note
if you lose your business, you are normally ordered to pay back the costs of the trial to your opponent. That's what we call the costs.
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Litigation up to 5000 €
Where the value of the dispute is equal to or less than €5,000, the call is not possible.
The only way to challenge the judgment is to appeal in cassation.
Dispute over 5000 €
If the value of the dispute is greater than €5,000, you can enter the court of appeal.
The call must be made in a 1-month period from notification of the contested decision.
The assistance of a lawyer is not mandatory.
Who can help me?
Find who can answer your questions in your region
For more information
France Services / Maison de services au publicFor more information
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Cost: free service
The informants who answer you are from the Department of Justice.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
The service is available at the following times:
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
For more information
House of Justice and the LawLawyers
Lawyer
Method of referral
Ordinary procedure
Composition of the court and remedies
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