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Showing 3221–3230 of 46077 articles for “Art. 669 II”
Appeals against rulings on lis pendens or related actions by courts of first instance are lodged and decided in the same way as for pleas of lack of jurisdiction. In the event of multiple appeals, the…
The judge may rule without debate.
The judge rules on non-contentious matters when, in the absence of litigation, he is seized of a claim which the law requires, by reason of the nature of the case or the status of the claimant, to be…
The connexity plea may be raised in any event, unless it is set aside if it was raised belatedly with dilatory intent.
The claimant in formal guarantee may always request, with his removal from the case, that the guarantor be substituted for him as principal party. However, the guarantor, although removed from the cas…
The plaintiff in simple warranty remains principal party.
If the incident is raised before a court other than the court of first instance or the court of appeal, proceedings shall be stayed until a ruling has been given on the forgery, unless the disputed do…
A judgment given against the formal guarantor may, in all cases, be enforced against the guaranteed party on the sole condition that it has been notified to him.
The guarantee is simple or formal depending on whether the guarantee claimant is himself sued as personally obliged or only as the holder of property.
Costs are recoverable against the guarantor only in the event of the formal guarantor's insolvency and subject to the guarantor having remained in the case, even in an ancillary capacity.
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