CELERITY IN FRANCE

of exchange, banking or commission; all operations of public banks; all obligations between business men and tradesmen and bankers; all operations between persons in relation to bills of exchange. "And so are considered also Actes de Com merce all operations in connection with the construction, purchase, sale, and resale of vessels for foreign and inland navigation, maritime transport of all kinds, all purchase and sale of rigging apparatus and stores, the chartering of vessels and bottomry and respondcntia bonds; all insurance and con tracts concerning maritime commerce; all agreements and arrangements for paying for the crew; all contracts for service of seamen for the merchant service." The question of what is a commercial transaction within the meaning of the Com mercial Code gives rise to considerable diffi culty. Many cases which might appear to come within this class are held not to do so and many are expressly excepted. For ex ample, an action brought against a trader for goods purchased for his private use is excepted; and a suit on a promissory note, signed by a person not a trader and not given for purposes of exchange, banking or commission, may be referred to the Tri bunal Civil at the option of the defendant.1 Judgment of the Tribunal de Commerce is final: 1. When the parties have expressly stip ulated that it shall be final. 2. When the principal claim or any coun ter-claim does not exceed the sum of 1500 francs. A proper case, however, even though the amount in controversy, as above, does not exceed the sum of 1500 francs, may be reviewed by the Court of Cassation, which has no power to reverse or revise the judg ment, but can only direct that it be heard Ъу another tribunal of commerce. PROCEDURE

The rapidity with which cases are dis posed of in the Tribunaux de Commerce is 1 Code de Commerce, Arts. 636-638.

due primarily to the simplicity of their procedure. The advantages of the system, in economy of time, may be summarized as follows : 1. The pleadings are exceedingly simple. The cause is brought before the court by means of an Assignation, a sort of combi nation of Summons or Writ and Declara tion or Complaint. This Assignation is prepared and served at the request of the plaintiff, by a Huissier (a court official or constable). It contains a statement of the amount and nature of the plaintiff's claim. In the absence of an affirmative defense a general denial is presumed and the com plaint may be said to be traversed of record. If the defendant alleges a counter-claim, a process, similar to the Assignation must be served. This may be said to serve as a bill of particulars of the counter-claim. At least one day must elapse between the re turn-day of the Assignation and the trial of the action. The Tribunal has power, in important cases, to order the trial to pro ceed from day to day until concluded. There are no vacations in the Tribunal of Commerce. In the Department of the Seine the Tribunal is divided into twelve sections, one of which sits every day and each of which sits every fortnight. Ad journments are consequently usually made for a period of two weeks, and Remise à Quinzaine is a familiar disposition to the Paris lawyer. 2. There are no juries, and the delays of taking testimony and lengthy argu ments, as well as the strategies of calendar practice, as understood by the English and American lawyer, are little known to their French confrères. 3. The judges, being laymen, have little regard for technical claims or defenses. The Tribunaux, being open to all persons who wish to appear before them, are largely frequented by men whose professional skill is not of the highest order. There is a semi-professional or quasi-official class who specialize in the practice of the Tribunal,