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Showing 461–470 of 17987 articles for “Art. 5 avr. 1978”
The time limit runs against a person under guardianship only from the day on which the judgment is notified both to his legal representative and to the subrogated guardian, if any, even if the latter…
The right of appeal is available in all matters, including those of a non-contentious nature, against first instance judgments unless otherwise provided.
In contentious matters, the appeal may only be directed against those who were parties at first instance. All those who were parties may be respondents.In non-contentious matters, the appeal is admiss…
A cross-appeal or provoked appeal is lodged in the same way as cross-claims.
Where several parties are jointly and severally liable or indivisible, an appeal lodged by one of them retains the right of appeal of the others, unless the latter join the proceedings. In the same ca…
The parties may add to the claims submitted to the first judge only those claims which are incidental, consequential or necessary adjuncts thereto.
Decisions at first instance are provisionally enforceable by operation of law unless the law or the decision rendered provides otherwise.
Provisional enforcement may be subject to the provision of a guarantee, real or personal, sufficient to meet any restitution or reparation.
These same persons may be called before the court, even for the purposes of conviction, when the progress of the dispute involves their being implicated.
Waiver may be express or may result from the unreserved enforcement of an unenforceable judgment.Waiver is not effective if, subsequently, another party itself regularly appeals.
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