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Showing 281–290 of 51672 articles for “Art. Exception to the prohibition on pactes sur succession future”
No procedural act may be declared null and void on the grounds of a defect in form unless its nullity is expressly provided for by law, except in the case of failure to observe a substantial formality…
The nullity of procedural acts may be invoked as and when they are performed; but it is covered if the person invoking it has, subsequent to the act criticised, put forward defences on the merits or o…
The penalty for failure to observe a procedural formality prior to the hearing shall be subject to the rules laid down in this sub-section.
The nullity is covered by the subsequent regularisation of the deed if no foreclosure has occurred and if the regularisation leaves no grievance remaining.
If the same dispute is pending before two courts of the same level equally competent to hear it, the court second seised must decline jurisdiction in favour of the other if one of the parties so reque…
If there is such a connection between cases brought before two separate courts that it is in the interests of good justice to have them heard and determined together, one of those courts may be asked…
In the event that the two courts have declined jurisdiction, the later decision shall be considered null and void.
Where the courts seised are not of the same level, a plea of lis pendens or connexity may only be raised before the court of the lower level.
A decision on the plea either by the court seised of it or following an appeal shall be binding both on the referring court and on the court whose dismissal is ordered.
If difficulties arise on the connection between different formations of the same court, they are settled without formality by the president. His decision is a measure of judicial administration.
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