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Showing 3271–3280 of 46187 articles for “Art. 750 II”
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.
The Cour de cassation may dismiss the appeal by substituting a ground of pure law for an erroneous ground; it may also do so by disregarding an erroneous but superabundant ground of law. It may, unles…
The scope of the cassation is determined by the operative part of the judgment that pronounces it. It also extends to all the provisions of the judgment quashed that have a link of indivisibility or n…
Without prejudice to the application of the provisions of Article 700, the Cour de cassation may award all or part of the costs against a party other than the unsuccessful party.
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