Article 1226
…the judge applies the provisions of the second paragraph of article 432 or 494-4 of the Civil Code and, where appropriate, the public prosecutor. The parties' lawyers, where they have constituted one…
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Showing 181–190 of 57777 articles for “Art. n° 12-16956 and n° 12-15505”
…the judge applies the provisions of the second paragraph of article 432 or 494-4 of the Civil Code and, where appropriate, the public prosecutor. The parties' lawyers, where they have constituted one…
…ose jurisdiction the protected person was born, for the purpose of being kept in the civil register and publicised by mention in the margin of the birth certificate in accordance with the procedures l…
…ssible in his claim, without examination of the merits, for lack of right to act, such as lack of standing, lack of interest, prescription, time limit, res judicata.
…eared by the time the judge rules. The same applies where, before any time limit, the person with standing becomes a party to the proceedings.
…as of inadmissibility must be upheld without the person invoking them having to justify a grievance and even if the inadmissibility does not result from any express provision.
The pleas of inadmissibility may be proposed in any event, unless otherwise provided and except for the possibility that the judge may order those who have refrained, with dilatory intent, from raisin…
In cases where it is likely to be covered, nullity will not be pronounced if its cause has disappeared by the time the judge rules.
Objections to nullity based on failure to comply with the substantive rules relating to procedural documents must be raised ex officio where they are of public policy. The judge may raise ex officio n…
…he court may raise of its own motion a plea of inadmissibility based on lack of interest, lack of standing or res judicata.
…he rules of law applicable to it. He must give or restore their exact characterisation to the facts and acts in dispute without stopping at the name that the parties would have proposed. However, he m…
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