Article 376
…rties to inform him of their initiatives with a view to resuming the proceedings and strike out the case if they fail to do so within the time limit set by him.He may ask the public prosecutor to gath…
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Showing 3771–3780 of 36311 articles for “Art. CA Toulouse 11-3-2020”
…rties to inform him of their initiatives with a view to resuming the proceedings and strike out the case if they fail to do so within the time limit set by him.He may ask the public prosecutor to gath…
Withdrawal is express or implied; the same applies to acceptance.
Withdrawal of proceedings does not entail renunciation of the action, but only extinction of the proceedings.
The instance resumes in the state it was in when it was interrupted.
Apart from cases where the law so provides, proceedings are suspended by the decision which stays the proceedings, strikes out the case or orders its removal from the roll.
The lapse of time on appeal or opposition confers on the judgment the force of res judicata, even if it has not been notified.
If the application is justified, the case shall be referred either to another formation of the court originally seised, or to another court of the same nature as that court.The decision shall be bindi…
In the event of a referral, the procedure shall be as set out in Article
…e on the merits. The summons must be issued within one month of the decision. If he grants the application, the first president shall, by a decision that is not subject to appeal, set the day on which…
The lapse of time does not extinguish the action; it merely extinguishes the proceedings without any of the acts of the lapsed proceedings ever being set up against or relied upon.
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