A third party may be impleaded for the purposes of condemnation by any party who is entitled to act against him as principal. He may also be impleaded by the party who has an interest therein in order to make the judgment common to him. The third party must be called in good time to put forward his defence.
The judge may invite the parties to put in evidence all interested parties whose presence he deems necessary for the resolution of the dispute. In non-contentious matters, he may order the putting in evidence of persons whose rights or burdens are likely to be affected by the decision to be taken.
The third party defendant is required to proceed in the court in which the original claim was brought, without being able to decline the territorial jurisdiction of that court, even by invoking a jurisdiction clause.
The guarantee is simple or formal depending on whether the guarantee claimant is himself sued as personally obliged or only as the holder of property.
The plaintiff in simple warranty remains principal party.
The claimant in formal guarantee may always request, with his removal from the case, that the guarantor be substituted for him as principal party. However, the guarantor, although removed from the case as principal party, may remain in it for the preservation of his rights; the original claimant may request that he remain in it for the preservation of his.
A judgment given against the formal guarantor may, in all cases, be enforced against the guaranteed party on the sole condition that it has been notified to him.
Costs are recoverable against the guarantor only in the event of the formal guarantor’s insolvency and subject to the guarantor having remained in the case, even in an ancillary capacity.
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75001, Paris France
RCS Paris n°814433470
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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