Chapter II: Incidental claims.

Incidental claims are: counterclaim, additional claim and intervention.

A counterclaim is one by which the original defendant claims to obtain a benefit other than the mere dismissal of his opponent’s claim.

An additional claim is a claim by which a party amends its previous claims.

An intervention is an application the object of which is to make a third party a party to the proceedings between the original parties. When the application emanates from the third party, the intervention is voluntary; the intervention is forced when the third party is impleaded by a party.

The incidental application must set out the claims and pleas of the party making it and indicate the supporting documents.

Incidental claims shall be made against the parties to the proceedings in the same way as defences are presented. They are made against defaulting parties or third parties in the forms provided for the institution of proceedings. On appeal, they are made by way of summons.

The document by which an incidental claim is made shall be equivalent to a pleading; it shall be denounced to the other parties.

Counterclaims or additional claims are admissible only if they are connected to the original claims by a sufficient link. However, a claim for compensation is admissible even in the absence of such a link, unless the judge disjoins it if it risks excessively delaying judgment on the whole.