Civil Cassation: Jurisdiction for Appointing an Expert to Establish a State of Facts

Judgment summary

A man filed an urgent lawsuit to appoint an expert to inspect his home and inventory his personal belongings after his ex-wife allegedly barred his entry. The Court of First Instance and the Court of Appeal dismissed the case for lack of jurisdiction. On appeal to the Court of Cassation, the court clarified the jurisdictional rules. It held that while a summary judge can hear urgent cases to establish facts, if the sole request is to appoint an expert, jurisdiction belongs exclusively to the Centre for Amicable Settlement of Disputes. Since the appellant's request was limited to an expert's appointment, the lower courts correctly found they lacked jurisdiction. The Court of Cassation therefore dismissed the appeal, holding the appellant liable for costs and attorney fees.