Article 122
…to have the opponent declared inadmissible 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 judicat…
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Showing 1161–1170 of 8984 articles for “Art. n° 22-18436 · AFNOR NF K 12-500”
…to have the opponent declared inadmissible 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 judicat…
Where the situation giving rise to the plea of inadmissibility is capable of being regularised, the inadmissibility will be set aside if its cause has disappeared by the time the judge rules. The same…
The pleas 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 judge may propose conciliation or mediation to parties who fail to demonstrate that they have taken steps to reach an amicable resolution of the dispute.
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.
…be raised ex officio where they are of public policy. The judge may raise ex officio nullity for lack of capacity to sue.
…lure to open an appeal. The court may raise of its own motion a plea of inadmissibility based on lack of interest, lack of standing or res judicata.
…e parties may also, in the same matters and under the same condition, entrust the judge with the task of ruling as amiable compositeur, subject to appeal if they have not specifically waived this.
The parties may conciliate, of their own accord or on the judge's initiative, throughout the proceedings.
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