COMMON PROVISIONS
LexInter | June 4, 2003 | 0 Comments

COMMON PROVISIONS

NEW CODE OF CIVIL PROCEDURE

Chapter III: Common provisions
Article 954

(Decree nº 79-941 of November 7, 1979 art 11 and 16 Official Journal of November 9, 1979 in force on January 1, 1980) (Decree nº 85-1330 of December 17, 1985 art 13 Official Journal of December 18, 1985 in force on January 1 1986) (Decree nº 98-1231 of December 28, 1998 art. 29 Official Journal of December 30, 1998 in force on March 1, 1999)

The conclusions of appeal must expressly formulate the claims of the parties and the factual and legal grounds on which each of their claims is based. They also include an indication of the documents invoked. For this purpose, a summary slip is attached to them.
The parties must resume, in their last pleadings, the claims and pleas previously presented or invoked in their previous submissions. Failing that, they are deemed to have abandoned them and the court rules only on the latest conclusions filed.
The party who concludes that the judgment has been informed must expressly state the means which it invokes without being able to proceed by reference to its first instance conclusions.
The party who, without stating new grounds, requests confirmation of the judgment is deemed to own the grounds.

Article 955

(Decree n ° 79-941 of November 7, 1979 art. 11 and 16 Official Journal of November 9, 1979 in force on January 1, 1980)
   When confirming a judgment, the Court is deemed to have adopted the reasons for that judgment which are not contrary to its own.

Article 955-1

(Decree n ° 79-941 of November 7, 1979 art. 12 Official Journal of November 9, 1979 in force on January 1, 1980)
(Decree n ° 82-716 of August 10, 1982 art. 1st Official Journal of August 17, 1982)
   When the court is seized by motion, the parties are notified of the date of the hearing by the clerk.

Article 955-2

(Decree n ° 79-941 of November 7, 1979 art. 12 Official Journal of November 9, 1979 in force on January 1, 1980)

The notice is given either to solicitors by simple bulletin, or, in matters exempted from the ministry of solicitor, to the parties by registered letter with acknowledgment of receipt.
A copy of the request is attached to the notice given to the solicitors or to the parties.

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