TITLE VI: General procedural provisions.

The precautionary measures mentioned in articles L. 621-2, L. 631-10-1and L. 651-4 are implemented at the initiative of the judicial administrator, the mandataire judiciaire or, where applicable, the liquidator.

The forms of procedure applicable before the judicial court in matters provided for in Book VI of the legislative part of this Code are determined by Articles 853 et seq. of the Code of Civil Procedure for all that is not regulated by that Book and by this Book. Any party who does not appear in person may only be represented by a lawyer.

Without prejudice to the powers attributed in the first instance to the juge-commissaire, the court seised of safeguard, legal redress or legal liquidation proceedings shall hear all matters relating to the safeguard, legal redress and legal liquidation, the action for liability for insufficient assets, personal bankruptcy or the prohibition provided for in Article L. 653-8, with the exception of civil liability actions brought against the administrator, the mandataire judiciaire, the…

The provisions of Article 47 of the Code of Civil Procedure are not applicable to disputes that fall within the jurisdiction of the official receiver alone.

Jurisdictional challenges are governed by Articles 75 to 99 of the Code of Civil Procedure subject to the provisions of Articles R. 611-23-1, R. 662-5 to R. 662-7 and R. 662-18.

Where the court declares that it does not have jurisdiction, it may order the conservatory or provisional measures referred to in the last paragraph of Article R. 662-7.

Where its jurisdiction is contested, the court, if it declares itself competent, shall rule on the merits in the same judgment.

Where the interests involved justify the transfer of one of the proceedings provided for in Book VI of the legislative part of this Code to another court pursuant to Article L. 662-2, this referral may be decided ex officio by the president of the court seised, who shall immediately forward the file by reasoned order to the first president of the court of appeal or, if he considers that the…

The president of the court, seised for the purposes of appointing an ad hoc trustee pursuant to Article L. 611-3, may apply, with the agreement of the debtor, the provisions of the first paragraph of Article R. 662-7. He may also do so during the course of the mandataire ad hoc’s assignment. The debtor may also request this referral by submitting a petition to the first president of the court…

The request, made by one of the persons prosecuted to the president of the court pursuant to the second paragraph of article L. 662-3 requesting that debates relating to measures taken pursuant to Chapters I and III of Title V of Book VI of the Legislative Part of this Code take place in chambers, shall be recorded by the court clerk. The decision given by the president is a measure…