1. Ordinary Law of Civil Procedure
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Chapter 1: Role of the parties
Section 1: Conduct of proceedings
Section 2: Application of rule of law and classification of the facts
A: Right of the parties to be heard or summoned
B: Disclosure by the parties of arguments and evidence
II: Exceptions
Section 4: Conciliation
Section 5: Proceedings
Section 6: Duty of respect (obligation de réserve)
Title 2: Non-contentious matters
Part 2: Legal action
Part 3: Application to file suit (demande en justice)
Part 4: Defenses
Part 5: Competent court
Part 6: Priority question of constitutionality (QPC)
Part 7: Agreements on extra-judicial case preparation (mise en état)
Part 8: Administration of evidence
Part 9: Judgments
Part 10: Procedural acts
31. Obligation for the court to respect and enforce the adversarial principle
1 minute de lecture
Various versions of Article 16 of the Code of Civil Procedure were introduced in the 1970s. Article 16, paragraph 1, in its version resulting from Decree No 71-740 of 9 September 1971, provided that “the court must, in all circumstances, ensure compliance with and comply itself with the adversarial principle,” and paragraph 2 stated that “it cannot base its decision on legal grounds, other than th …
