The third party defendant is required to proceed in the court in which the original claim was brought, without being able to decline the territorial jurisdiction of that court, even by invoking a jurisdiction clause.
The guarantee is simple or formal depending on whether the guarantee claimant is himself sued as personally obliged or only as the holder of property.
The plaintiff in simple warranty remains principal party.
The claimant in formal guarantee may always request, with his removal from the case, that the guarantor be substituted for him as principal party. However, the guarantor, although removed from the case as principal party, may remain in it for the preservation of his rights; the original claimant may request that he remain in it for the preservation of his.
A judgment given against the formal guarantor may, in all cases, be enforced against the guaranteed party on the sole condition that it has been notified to him.
Costs are recoverable against the guarantor only in the event of the formal guarantor’s insolvency and subject to the guarantor having remained in the case, even in an ancillary capacity.
The minor capable of discernment shall be informed by the person or persons exercising parental authority, the guardian or, where applicable, by the person or service to whom he or she has been entrusted of his or her right to be heard and to be assisted by a lawyer in all proceedings concerning him or her. Where proceedings are brought by application, the summons to the hearing shall be accompanied…
The request for a hearing is made to the judge without formality by the minor himself or by the parties. It may be made at any stage of the proceedings and even for the first time on appeal.
The decision ordering the hearing may take the form of a simple mention in the file or in the hearing register.
When the request is made by the minor, the refusal to hear the minor can only be based on his or her lack of discernment or on the fact that the proceedings do not concern him or her. When the request is made by the parties, the hearing may also be refused if the judge does not consider it necessary for the resolution of the dispute or if it appears…
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75001, Paris France
RCS Paris n°814433470
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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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