Article 146
An investigative measure may only be ordered in respect of a fact if the party alleging it does not have sufficient evidence to prove it. Under no circumstances may an investigative measure be ordered…
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Showing 1371–1380 of 53983 articles for “Art. AMF analysis of 22 February 2018”
An investigative measure may only be ordered in respect of a fact if the party alleging it does not have sufficient evidence to prove it. Under no circumstances may an investigative measure be ordered…
Decisions taken by the judge assigned or by the judge in charge of the review do not have the authority of res judicata.
The judge may, in order to verify them himself, in any matter take personal knowledge of the facts in dispute, the parties present or called. He shall make any observations, assessments, evaluations o…
If one of the parties is unable to appear, the judge who ordered the appearance or the judge appointed by the bench to which he belongs may go to that party after, if appropriate, summoning the opposi…
The judge may draw any legal conclusions from the declarations of the parties, or from the absence or refusal of one of them to reply, and may refer to them as equivalent to a prima facie case in writ…
The judge may always proceed by way of an enquiry to hear the author of an attestation.
The judge must rule on everything that is requested and only on what is requested.
The judge shall carry out all useful investigations, even of his own motion. He shall have the right to hear, without formality, persons who can enlighten him and those whose interests are likely to b…
Any court seised of an application within its jurisdiction hears, even if they require the interpretation of a contract, all the pleas in defence with the exception of those which raise a question fal…
…They are made against defaulting parties or third parties in the forms provided for the institution of proceedings. On appeal, they are made by way of summons.
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