Territorial jurisdiction (competent court by venue)

Territorial jurisdiction determines the place where a case must be filed. The general rule points to the court of the defendant's residence, while the statute adds special venues such as the place of performance of a contract, the place where a tort was committed and the location of immovable property.

In some matters, such as actions concerning title to land, venue is exclusive: the case may be brought only where the statute directs, and the court verifies this of its own motion. Otherwise, lack of venue is examined only upon the defendant's preliminary objection raised in the statement of defence; absent a timely objection, the court seised becomes competent.

Merchants and public legal entities may conclude venue agreements for their disputes, an option restricted for other persons. Filing in the wrong place creates additional burdens, including transfer of the file and deadline management, where the objection is upheld.