1. Ordinary Law of Civil Procedure
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Underlying principles of civil proceedings
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)
Title 1: Exhibits
Title 2: Investigative measures
Title 3: Challenges to documentary evidence
Section 1: Parties to the oath
Section 2: Subject-matter of the oath
Section 4: Effects of oath
Chapter 2: Oath tendered by way of supplementation
Part 9: Judgments
Part 10: Procedural acts
185. Sovereign assessment
1 minute de lecture
The court has full discretion to assess the necessity and relevance of a request to administer a decisive oath. It may decide to order or refuse the oath. In both cases, it is required to provide reasons for its decision. Furthermore, the judgment in question may be subject to appeal independently of the decision on the merits (Art. 320 CPC). The court orders the decisive oath when it is admissibl …
