The notices and summonses prescribed by the articles 936, 937, 947 and 948 are forwarded in the forms provided for by these provisions to the bodies that must be kept informed of the proceedings under the law.
An appeal against a non-contentious decision shall be lodged, by a declaration made or sent by registered post to the registry of the court which handed down the decision, by a lawyer or a public or ministerial officer in cases where the latter is authorised to do so by the provisions in force.
The judge may, on this declaration, modify or retract his decision. If this is not the case, the court registrar shall without delay transmit the case file with the declaration and a copy of the decision to the court registry. The judge shall inform the party within one month of his decision to re-examine the case or to refer it to the court.
The appeal is investigated and judged according to the rules applicable to non-contentious matters before the judicial court.
The heading of the appeal submissions shall contain the information provided for in article 961. They must expressly state the parties’ claims and the pleas of fact and law on which each of these claims is based, indicating for each claim the documents relied on and their numbering. A summary of the exhibits shall be attached. The submissions shall include a separate statement of the facts and of the procedure,…
If a judgment is upheld, the court may rule by adopting its reasons or by its own reasons. In the latter case, it is deemed to have adopted the grounds of the judgment which are not contrary to its own.
Where the matter is brought before the court by application, the parties shall be notified of the place, day and time of the hearing by the Registrar. Notice is given either to the lawyers under the conditions provided for in Article 930-1, or, in cases dispensed with the ministry of a lawyer, to the defendant by registered letter with acknowledgement of receipt and to the author of the application by…
In all cases of urgency, the first president may order in summary proceedings, in the event of an appeal, all measures that do not come up against any serious challenge or that are justified by the existence of a dispute.
The first president may also, in the event of an appeal, suspend the enforcement of judgments improperly qualified as final, or exercise the powers conferred on him in respect of provisional enforcement.
The first president may, during the appeal proceedings, order on application any urgent measures relating to the safeguarding of the rights of a party or a third party where the circumstances require that they should not be taken in adversarial proceedings.
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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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