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 2: Subject-matter of the oath
Section 3: Role of the judge
Section 4: Effects of oath
Chapter 2: Oath tendered by way of supplementation
Part 9: Judgments
Part 10: Procedural acts
183. Status of the parties
1 minute de lecture
The decisive oath (serment décisoire) is characterized by three elements :
- It can only be referred by a party to the proceedings. The court cannot refer it ex officio .
- It can only be referred to another party to the proceedings, and not to a third party . When this party is a legal entity, the decisive oath must be referred to its current legal representative , who alone is authorized to tak …