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Article 1136-1 of the French Code of civil procedure

Applications relating to the operation of matrimonial property regimes and indivisions between persons bound by a civil solidarity pact or between cohabitees, as well as those relating to the liquidation and division of the property interests of spouses, persons bound by a civil solidarity pact and cohabitees falling within the jurisdiction of the family court, are governed by the rules of ordinary written procedure applicable before the judicial court. Hearings…

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Article 1136-2 of the French Code of civil procedure

The provisions of Section VI of Chapter II of Title III of Book III are, subject to the provisions of Article 267 of the Civil Code, applicable to the division of the property interests of spouses, persons bound by a civil solidarity pact and cohabitees. For the purposes of the partition of the community, the family court hears the procedure for the affixing of seals and the descriptive statement defined…

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Article 1136-3 of the French Code of civil procedure

In the cases provided for in articles 515-9 and 515-13 of the Civil Code, the matter shall be referred to the court by an application delivered or addressed to the registry. In addition to the particulars prescribed by Article 57 of this Code, the application shall contain a summary statement of the grounds for the application and, in an annex, the documents on which the application is based. These requirements…

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Article 1136-5 of the French Code of civil procedure

The applicant who requests, pursuant to the 6° of article 515-11 of the Civil Code, authorisation to conceal his domicile or residence is exempt from indicating the address in his document instituting proceedings, provided that this information is brought to the attention of the lawyer assisting or representing him or of the public prosecutor at the judicial court to which he elects domicile. The deed shall mention this election of…

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Article 1136-6 of the French Code of civil procedure

The parties defend themselves. They have the option of being assisted or represented by a lawyer. The case is heard and argued in chambers, after advice from the public prosecutor. The proceedings are oral. The judge ensures that sufficient time has elapsed between the summons and the hearing for the defendant to have been able to prepare his defence. The judge may, at any time during the proceedings, by simple…

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Article 1136-7 of the French Code of civil procedure

The order ruling on the application for protective measures for victims of violence shall be provisionally enforceable unless the judge provides otherwise. The order sets the duration of the measures taken pursuant to articles 515-11 and 515-13 of the Civil Code. Failing this, they shall terminate at the end of a period of six months following notification of the order, subject to the provisions of articles 1136-13 and 1136-14; this…

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Article 1136-8 of the French Code of civil procedure

Concealment of domicile or residence in subsequent civil proceedings, authorised pursuant to 6° of article 515-11 of the Civil Code, is subject to the conditions and procedures laid down by l’article 1136-5. In the event of refusal of authorisation as well as for the purposes of enforcing a court decision, the lawyer or public prosecutor from whom the applicant has requested or obtained the election of domicile shall communicate the…

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Article 1136-9 of the French Code of civil procedure

The order shall be notified by service, unless the judge, either of his own motion or at the request of a party, decides that it shall be notified by the registry by registered letter with acknowledgement of receipt, or by administrative channels, in the event of serious and imminent danger to the safety of a person concerned by a protection order or where there is no other means of notification….

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Article 1136-10 of the French Code of civil procedure

The administrative authority, requested by the court clerk to notify the order setting the date of the hearing or the protection order by administrative means, shall do so by delivery against receipt. It shall inform the court clerk as soon as possible of the steps taken and send him the receipt.

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