Article 334
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.
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Showing 3331–3340 of 52080 articles for “Art. Cass. com. 3 mai 2018 n° 16-23817”
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.
The judgment declaring the forgery is mentioned in the margin of the deed recognised as forged. It specifies whether the minutes of the authentic instruments will be restored to the depository from wh…
…ry, the civil judgment shall be stayed until the criminal proceedings have been decided, unless the main case can be tried without taking into account the document alleged to be forged or there has be…
If the defendant declares that he does not wish to use the document alleged to be forged, the judge shall acknowledge this fact to the plaintiff.
Where the oath is referred to ex officio, the judge shall determine the facts on which it will be received.
The party challenging the oath states the facts on which it is challenged.The judge orders the oath if it is admissible and retains the relevant facts on which it will be received.
If the defendant does not appear or declares that he wishes to use the disputed writing, the procedure shall be as set out in Articles 287 to 295.
If the intervention risks excessively delaying the judgment on the whole, the judge shall first rule on the principal cause, unless he then rules on the intervention.
Referral on grounds of public security shall be made by the Court of Cassation at the request of the public prosecutor attached to the said court.
The costs of the expired proceedings shall be borne by the person who brought the proceedings.
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