Article 53
The initial application is the one by which a litigant takes the initiative in a lawsuit by submitting his or her claims to the judge. It introduces the proceedings.
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Showing 8731–8740 of 25519 articles for “Art. IV bis”
The initial application is the one by which a litigant takes the initiative in a lawsuit by submitting his or her claims to the judge. It introduces the proceedings.
The summons is the bailiff's act by which the plaintiff summons his opponent to appear before the judge.
…ment is compatible with the nature of the case and that it is not likely to entail manifestly excessive consequences.
When a case is referred to it pursuant to articles 514-3 and 514-4, the First President shall rule in summary proceedings, in a decision that is not subject to appeal.
Without prejudice to the provisions of Article 514-3, provisional enforcement by operation of law may only be set aside by the decision in question.
…re is a serious plea for annulment or reversal and enforcement is likely to entail manifestly excessive consequences. An application by a party who appeared at first instance without commenting on pro…
Where the law provides that provisional enforcement is optional, it may be ordered, of its own motion or at the request of a party, whenever the judge considers it necessary and compatible with the na…
Where provisional execution has not been requested, or if, having been requested, the judge has omitted to rule, it may be requested, in the event of an appeal, only from the first president or, as so…
…considers that it is incompatible with the nature of the case. The court may rule on its own initiative or at the request of a party, in a specially reasoned decision. By way of exception, the judge m…
Provisional enforcement may only be ordered by the decision which it is intended to render enforceable, subject to the provisions of Articles 517-2 and 517-3.
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