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Article 1555 of the French Code of civil procedure

The participatory procedure is extinguished by: 1° The expiry of the participatory procedure agreement; 2° The early termination of the agreement in writing by the parties assisted by their lawyers; 3° The conclusion of an agreement putting an end to the dispute or litigation in its entirety or the drawing up of a deed noting the persistence of all or part of the dispute or litigation; 4° Non-performance of the…

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Article 1555-1 of the French Code of civil procedure

Where it has been possible to reach at least a partial agreement, this is recorded in a private deed drawn up under the conditions set out in Article 1374 of the Civil Code. It sets out in detail the elements that enabled the agreement to be reached. Where the participatory procedure agreement has been concluded for the purposes of pre-trial proceedings, the agreement referred to in the first paragraph shall…

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Article 1556 of the French Code of civil procedure

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…

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Article 1557 of the French Code of civil procedure

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…

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Article 1558 of the French Code of civil procedure

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.

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Article 1559 of the French Code of civil procedure

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.

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Article 1560 of the French Code of civil procedure

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…

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Article 1561 of the French Code of civil procedure

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…

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Article 1562 of the French Code of civil procedure

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.

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Article 1563 of the French Code of civil procedure

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…

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