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Showing 3261–3270 of 46187 articles for “Art. 750 II”
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.
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…
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