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Showing 271–280 of 572 articles for “Art. 61”
If, during the term of the usufruct, a third party commits any usurpation on the land, or otherwise expects to infringe the rights of the owner, the usufructuary is bound to report it to the latter; f…
In criminal or police matters, if the judgment and proceedings are set aside for lack of jurisdiction, the Cour de cassation refers the case back to the judges who must hear it and designates them. Th…
When the referral has been made to an investigating chamber, the latter shall designate, where appropriate, the trial court within its jurisdiction. However, the Cour de cassation may designate in adv…
Where a judgment or ruling is set aside for breach of the essential procedural requirements prescribed by law, a copy of the decision shall be forwarded to the Minister of Justice.
The judgment which has dismissed the application for judicial review, or has pronounced the judicial review without referral, shall be delivered, within three days, to the Public Prosecutor at the Cou…
Where an application for judicial review has been dismissed, the party who lodged it may no longer appeal to the Court of Cassation against the same judgment or ruling, on any pretext or by any means…
A copy of the judgment admitting the application for judicial review and ordering referral to a new court shall be delivered to the public prosecutor at the Cour de cassation within three days. This c…
Where, after cassation of a first judgment or ruling given at last instance, the second judgment or ruling given in the same case, between the same parties, proceeding in the same capacity, is challen…
In all cases where the Cour de cassation is authorised to choose a court or tribunal for the judgment of a case referred, such choice may only result from a special deliberation taken immediately in t…
In criminal matters, the Cour de cassation shall order the referral of the trial, namely:- before an investigating chamber other than the one that handed down the indictment, if the quashed judgment e…
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