If the incident is raised before a court other than the court of first instance or the court of appeal, proceedings shall be stayed until a ruling has been given on the forgery, unless the disputed document is removed from the debate when a ruling can be given on the main issue without taking it into account. The forgery shall be registered as provided for in articles 314 to 316….
The principal claim for forgery is preceded by an inscription of forgery made as set out in Article 306. The copy of the registration deed is attached to the summons, which contains a summons for the defendant to declare whether or not he intends to make use of the deed alleged to be false or falsified. The summons must be served within one month of the registration of forgery, failing…
If the defendant declares that he does not wish to use the document alleged to be forged, the judge shall acknowledge this fact to the plaintiff.
If the defendant does not appear or declares that he wishes to use the disputed document, the procedure shall be as set out in Articles 287 to 294 and 309 to 312.
The party challenging the oath states the facts on which it is challenged. The judge orders the oath if it is admissible and retains the relevant facts on which it will be received.
Where the oath is referred to ex officio, the judge shall determine the facts on which it will be received.
The judgment ordering the oath sets the day, time and place where it will be received. It formulates the question submitted to the oath and indicates that false oath exposes its author to penal sanctions. When the oath is referred by a party, the judgment further specifies that the party to whom the oath is referred will succumb in his claim if he refuses to take it and refrains from…
The judgment ordering or refusing to order a decisive oath may be appealed independently of the decision on the merits.
The oath is taken by the party in person and at the hearing. If the party proves that he is unable to travel, the oath may be taken either before a judge appointed for the purpose who shall travel, assisted by the court clerk, to the party’s place of residence, or before the court of the party’s place of residence. In all cases, the oath is made in the presence…
The person invested with a mandate of legal representation may not defer or refer the oath without proving special authority.
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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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