If difficulties arise on the connection between different formations of the same court, they are settled without formality by the president. His decision is a measure of judicial administration.
The judge must suspend the proceedings where the party requesting it enjoys either a period for taking inventory and deliberating, or the benefit of discussion or division, or some other waiting period under the law.
The judge may grant the defendant time to call a guarantor. The proceedings shall continue on the expiry of the period within which the guarantor may appear, unless the guarantee claim is decided separately if the guarantor has not been called within the period set by the judge.
The judge may also suspend the proceedings where one of the parties invokes a decision, which has been the subject of third-party opposition, an application for review or an appeal in cassation.
The beneficiary of a time limit to make an inventory and deliberate may not propose its other exceptions until after the expiry of this time limit.
The nullity of procedural acts may be invoked as and when they are performed; but it is covered if the person invoking it has, subsequent to the act criticised, put forward defences on the merits or opposed a plea of inadmissibility without raising the nullity.
All pleas of nullity against procedural acts that have already been performed must be raised simultaneously, failing which those that have not been raised will be inadmissible.
No procedural act may be declared null and void on the grounds of a defect in form unless its nullity is expressly provided for by law, except in the case of failure to observe a substantial formality or a formality of public policy. Invalidity may only be declared if the adversary who invokes it proves the prejudice caused to him by the irregularity, even when it concerns a substantial formality…
The nullity is covered by the subsequent regularisation of the deed if no foreclosure has occurred and if the regularisation leaves no grievance remaining.
The penalty for failure to observe a procedural formality prior to the hearing shall be subject to the rules laid down in this sub-section.
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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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