Article 109
The judge may grant the defendant time to call a guarantor. The proceedings shall continue on the expiry of the period within which the guarantor may appear, unless the guarantee claim is decided sepa…
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Showing 1411–1420 of 57921 articles for “Art. L 54-10-2”
The judge may grant the defendant time to call a guarantor. The proceedings shall continue on the expiry of the period within which the guarantor may appear, unless the guarantee claim is decided sepa…
…of good justice to have them heard and determined together, one of those courts may be asked to decline jurisdiction and to refer the hearing of the case as it stands to the other court.
The judge has the power to order ex officio all legally permissible investigative measures.
In the event that the two courts have declined jurisdiction, the later decision shall be considered null and void.
…end the proceedings where the party requesting it enjoys either a period for taking inventory and deliberating, or the benefit of discussion or division, or some other waiting period under the law.
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.
Appeals against rulings on lis pendens or related actions by courts of first instance are lodged and decided in the same way as for pleas of lack of jurisdiction. In the event of multiple appeals, the…
The connexity plea may be raised in any event, unless it is set aside if it was raised belatedly with dilatory intent.
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