The judge shall decide the dispute in accordance with the rules of law applicable to it.
He must give or restore their exact characterisation to the facts and acts in dispute without stopping at the name that the parties would have proposed.
However, he may not change the name or the legal basis where the parties, by virtue of an express agreement and for the rights of which they have free disposal, have bound him by the qualifications and points of law to which they intend to limit the debate.
Once the dispute has arisen, the parties may also, in the same matters and under the same condition, entrust the judge with the task of ruling as amiable compositeur, subject to appeal if they have not specifically waived this.