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Showing 771–780 of 37430 articles for “Art. L 123-33”
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…
An intervention is ancillary when it supports the claims of a party.It is admissible if its author has an interest, for the preservation of his rights, in supporting that party.An intervener in an anc…
The plaintiff in simple warranty remains principal party.
The third party defendant is required to proceed in the court in which the original claim was brought, without being able to decline the territorial jurisdiction of that court, even by invoking a juri…
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.
A judge who assumes in his person a ground for disqualification or considers in good conscience that he should abstain shall be replaced by another judge designated by the president of the court to wh…
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 judge may invite the parties to put in evidence all interested parties whose presence he deems necessary for the resolution of the dispute. In non-contentious matters, he may order the putting in…
A third party may be impleaded for the purposes of condemnation by any party who is entitled to act against him as principal. He may also be impleaded by the party who has an interest therein in order…
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