Chapter I: Third-party proceedings.

The third party opposition seeks to have a judgment retracted or reformed in favour of the third party attacking it. It calls into question in relation to its author the points of judgment that it criticises, so that a new decision is made in fact and in law.

Any person who has an interest therein is admissible to lodge third-party proceedings, provided that he was neither a party nor represented in the judgment which he is contesting. The creditors and other successors in title of a party may, however, lodge third-party proceedings against a judgment given in fraud of their rights or if they rely on pleas that are specific to them. In non-contentious matters, third-party opposition is…

In the event of indivisibility with regard to several parties to the contested judgment, the third party opposition is admissible only if all these parties are called to the proceedings.

Any judgment is subject to third-party opposition if the law does not provide otherwise.

Third-party proceedings are open on a principal basis for thirty years from the date of the judgment unless the law provides otherwise. The third-party proceedings may be brought without any time limit against a judgment produced in the course of other proceedings by the party against whom they are brought. In contentious matters, however, it is only admissible on the part of the third party to whom the judgment has…

A third-party objection lodged as a principal claim shall be brought before the court from which the contested judgment emanates. The decision may be handed down by the same magistrates. Where the third-party objection is directed against a judgment given in a non-contentious matter, it shall be lodged, investigated and judged in accordance with the rules of contentious proceedings.

Third-party proceedings incidental to a dispute before a court shall be decided by that court if it is of a higher grade than the court that gave the judgment or if, being of equal grade, there is no rule of jurisdiction of public policy that precludes it. In such cases, the third-party objection is lodged in the same way as incidental claims. In other cases, the incidental third-party objection is…

The court before which the contested judgment is produced may, depending on the circumstances, disregard or stay it.

The judge hearing the third party opposition as principal or incidental may suspend enforcement of the contested judgment.

The decision that upholds the third party opposition only retracts or amends the contested judgment in respect of the points that are prejudicial to the third party opponent. The original judgment retains its effect between the parties, even in respect of the aspects that have been set aside. The original judgment retains its effect between the parties, even in respect of the aspects that have been set aside. However, res…