Title XI: Proceedings.

Proceedings are interrupted by: – the majority of a party; – the cessation of the lawyer’s duties where representation is compulsory; – the effect of the judgment pronouncing the safeguard, the judicial reorganisation or the judicial liquidation in cases where it entails assistance or divestment of the debtor; – the conclusion of a participatory procedure agreement for the purposes of pre-trial proceedings including in the event of withdrawal from the…

As from the notification made to the other party, the proceedings are interrupted by: – the death of a party in cases where the action is transmissible; – the cessation of functions of the legal representative of a minor and of the person responsible for the legal protection of a person of full age; – the recovery or loss by a party of the capacity to institute legal proceedings. .

Under no circumstances are proceedings interrupted if the event occurs or is notified after the opening of the proceedings.

Acts performed and judgments, even those that have become res judicata, obtained after the proceedings have been interrupted, are deemed to be null and void unless they are expressly or tacitly confirmed by the party in whose favour the interruption is intended.

The proceedings may be resumed voluntarily in the manner provided for the presentation of the defence. Failing voluntary resumption, it may be resumed by way of summons.

The instance resumes in the state it was in when it was interrupted.

If the party summoned to resume proceedings fails to appear, the procedure shall be as set out in Articles 471 et seq.

The interruption of proceedings does not relieve the judge of jurisdiction. The judge may invite the parties 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 gather the information necessary for the resumption of proceedings. .