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Showing 321–330 of 27152 articles for “Art. Cass. com. – 6 Feb. 2007 – no. 05-19237”
In all cases where the Cour de cassation is authorised to choose a court or tribunal for the judgment of a case referred, such choice may only result from a special deliberation taken immediately in t…
…istrate, arbitrator or counsel, or if he has given evidence as a witness on the facts of the trial; 6° If there has been a trial between the judge, his spouse, his partner linked by a civil solidarity…
The usufructuary is only liable for maintenance repairs. Major repairs remain the responsibility of the owner, unless they have been caused by a failure to carry out maintenance repairs since the usuf…
If the usufructuary does not find a surety, the buildings are farmed or sequestered; The sums included in the usufruct are invested; The commodities are sold and the price from them is similarly inves…
In the very case where the owner of the land subject to the easement is charged by the title to make at his own expense the works necessary for the use or conservation of the easement, he may always f…
If a dispute arises between the owners to whom these waters may be useful, the courts, in adjudicating, must reconcile the interests of agriculture with the respect due to property; and, in all cases,…
Except in cases specified by law, other final judgments may not be appealed to the Court of Cassation independently of judgments on the merits. The appeal may be lodged by the plaintiff within the tim…
If, in the cases provided for in Articles 659 and 660, it is not established that the addressee has actually been notified, the judge may prescribe any additional steps ex officio, except to order the…
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…
A plaintiff in cassation who is unsuccessful in his appeal or whose appeal is not admitted may, in the event of an appeal deemed to be abusive, be ordered to pay a civil fine of not more than 10,000 e…
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