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Showing 3211–3220 of 46077 articles for “Art. 669 II”
The judge shall carry out all useful investigations, even of his own motion. He shall have the right to hear, without formality, persons who can enlighten him and those whose interests are likely to b…
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…
If there is such a connection between cases brought before two separate courts that it is in the interests of good justice to have them heard and determined together, one of those courts may be asked…
The subject matter of the dispute is determined by the respective claims of the parties. These claims are set out in the document instituting the proceedings and in the pleadings in defence. However,…
In the event that the two courts have declined jurisdiction, the later decision shall be considered null and void.
Where the courts seised are not of the same level, a plea of lis pendens or connexity may only be raised before the court of the lower level.
A decision on the plea either by the court seised of it or following an appeal shall be binding both on the referring court and on the court whose dismissal is ordered.
A third party may be authorised by the judge to consult the case file and have a copy issued to him, if he can justify a legitimate interest.
If difficulties arise on the connection between different formations of the same court, they are settled without formality by the president. His decision is a measure of judicial administration.
The judge may base his decision on all the facts relating to the case before him, including those that may not have been alleged.
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