Article 122
…m, without examination of the merits, for lack of right to act, such as lack of standing, lack of interest, prescription, time limit, res judicata.
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Showing 9801–9810 of 52277 articles for “Art. 1 ter”
…m, without examination of the merits, for lack of right to act, such as lack of standing, lack of interest, prescription, time limit, res judicata.
Where the situation giving rise to the plea of inadmissibility is capable of being regularised, the inadmissibility will be set aside if its cause has disappeared by the time the judge rules. The same…
An investigative measure may only be ordered in respect of a fact if the party alleging it does not have sufficient evidence to prove it. Under no circumstances may an investigative measure be ordered…
Decisions taken by the judge assigned or by the judge in charge of the review do not have the authority of res judicata.
The judge may, in order to verify them himself, in any matter take personal knowledge of the facts in dispute, the parties present or called. He shall make any observations, assessments, evaluations o…
…dered the appearance or the judge appointed by the bench to which he belongs may go to that party after, if appropriate, summoning the opposing party.
The judge may draw any legal conclusions from the declarations of the parties, or from the absence or refusal of one of them to reply, and may refer to them as equivalent to a prima facie case in writ…
If the same dispute is pending before two courts of the same level equally competent to hear it, the court second seised must decline jurisdiction in favour of the other if one of the parties so reque…
…y or extract as the case may be, under the conditions and subject to the guarantees that he shall determine, if necessary under penalty of a fine.
…ispute may depend, legally admissible investigative measures may be ordered at the request of any interested party, on application or in summary proceedings.
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