The referral to the judge on the basis of articles 479, 480, 484 or 493 of the Civil Code shall be made by application delivered or addressed to the registry. The application shall state the surname, first name and address of the principal or of the beneficiary of the mandate where the latter is not the principal and of the mandatary.
The court with territorial jurisdiction is that of the principal’s habitual residence or that of the beneficiary of the mandate where the latter is not the principal.
Within fifteen days of the application, the court registry shall send a summons to the hearing to the principal or the beneficiary of the mandate where the latter is not the principal and to the agent by registered letter with acknowledgement of receipt, to which a copy of the application shall be attached.
However, where it results from the request that only the last address of the principal or of the beneficiary of the mandate where the latter is not the principal or of the agent is known, the registry invites the applicant to proceed by way of service.
The clerk’s office shall notify the applicant by any means of the place, day and time of the hearing.
The parties shall defend themselves; they shall have the option of being assisted or represented by a lawyer.
The procedure is oral.
The provisions of articles 1231 and 1239 are applicable.