At the end of the conventional procedure and with the exception of applications for divorce or legal separation, which shall be decided in accordance with the provisions of Section II of Chapter V of Title I of Book III, the matter may be referred to the judge or the matter may be reinstated at the request of one of the parties, as the case may be, to homologate the agreement…
The application for homologation of the parties’ agreement drawn up in accordance with Article 1555 shall be submitted to the judge by application of the most diligent party or of all the parties. On pain of inadmissibility, the application shall be accompanied by the participatory procedure agreement. Where the agreement concerns a minor capable of discernment, in particular where it relates to the terms and conditions of the exercise of…
Subject to the provisions of the third paragraph of Article 2066 of the Civil Code , where the rules of procedure applicable before the court seised for the purpose of ruling on all or part of the dispute on the basis of paragraph 2 or 3 provide for a prior attempt at conciliation or mediation, the case shall be called directly to a hearing for judgment.
Before the judicial court and unless the entire dispute has been submitted to the ordinary law procedure, the case shall be called directly to a judgment hearing of the panel to which it has been distributed. The case may only be referred back to the pre-trial judge in the cases provided for in the second and third paragraphs of article 1561.
Where the parties have reached only a partial agreement and unless they request its homologation in accordance with Article 1557, they may apply to the judge for a ruling on the residual dispute either in accordance with the rules governing the procedure applicable before him, or by a joint application signed by the lawyers who assisted them during the participatory procedure under the conditions set out in this paragraph. This…
The subject matter of the dispute shall be determined by the respective claims of the parties as set out in the application provided for in Article 1560. The parties may not amend their claims other than to update the amount of a claim relating to a claim for successive performance, to oppose a subsequent payment or set-off or to have questions arising from the intervention of a third party or…
Where the dispute persists in its entirety, the judge may hear it: – either in accordance with the rules governing the procedure applicable before him; – or in accordance with the procedures laid down in paragraph 2; – or on a unilateral application, which he shall decide in accordance with the rules applicable before him subject to the provisions of this paragraph.
The application shall be lodged at the court registry by the lawyer of the earliest party. On pain of inadmissibility, it shall be presented within three months of the end of the participatory procedure agreement. In addition to the particulars prescribed, on pain of nullity, by Article 58, the application shall contain a statement of the grounds of fact and law and shall be accompanied by the list of documents…
Where the application has been lodged at the registry of the judicial court, the notification referred to in the third paragraph of Article 1563 states that the opposing party must constitute a lawyer within fifteen days of that notification. In other cases, the applicant’s lawyer is informed by the court registry, as soon as the application is handed over, of the date of the first useful hearing at which the…
The case shall be reinstated at the request of one of the parties so that the judge, depending on the case, either homologates the agreement and rules on the part of the dispute that persists or rules on the entire dispute after having, where applicable, put the case in a state to be judged. The application for reinstatement shall be accompanied by the participatory procedure agreement concluded between the parties,…
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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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