Article 105
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.
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Showing 1471–1480 of 53983 articles for “Art. AMF analysis of 22 February 2018”
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.
The nullity of procedural acts may be invoked as and when they are performed; but it is covered if the person invoking it has, subsequent to the act criticised, put forward defences on the merits or o…
Objections to nullity based on failure to comply with the substantive rules relating to procedural documents must be upheld without the person invoking them having to justify a grievance and even thou…
The mediator does not have investigative powers. However, he may, with the agreement of the parties and for the purposes of the mediation, hear third parties who consent. The mediator may not be appoi…
At any time, the parties, or the most diligent of them, may submit the agreement resulting from the mediation to the judge for homologation. The judge shall rule on the request submitted to him or her…
Requests for the production of evidence held by the parties shall be made, and production shall take place, in accordance with the provisions of Articles 138 and 139.
…ure is not subject to opposition; it may be appealed or appealed to the Supreme Court independently of the judgment on the merits only in the cases specified by law. The same applies to a decision ref…
The investigative measures are carried out, on the initiative of the judge or one of the parties according to the rules specific to each matter, on the basis of an extract or a certified copy of the j…
The judge who is carrying out another investigative measure may, even if he or she is not a member of the trial panel, carry out such personal checks as may be appropriate in order to carry out that m…
Minutes shall be taken of the parties' statements, their absence or their refusal to reply. The drawing up of the minutes may, however, be replaced by a mention in the judgment if the case is immediat…
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