Civil Law : Procedure

In: Other Topics

Submitted By aurelienlinyer
Words 759
Pages 4
Chapter 7
Procedure
The heart of procedure is trial. Three phases : the before the trial, during the trial and after the trial
Philosophy is different in CLC and WLC
WLC = they want a winner = they will go till the end of the case.
CLC = to find a solution to solve the case => more steps in CLC before the trial : want to solve the case before it cames in front of the judge, as soon as possible, find an agreement

1. Before the trial = For all the countries
ALL 1st step : Letter of claim : letter send by the claimant to the defendant with three things
1: explanation of the situation
2: what to do
3: if you continue I will forced to go to the court + within an amount of time

Problems : you need to be sure that the defendant received the letter before suing and you need to set a delay (you have to stop within ) or you have to wait for a “reasonable time. “
If you have a copy its not an accepted proof because copy + BWP and it has to come by the other party => you have to bring a prove of acceptance (poste) two proof = one that you sent and one that it was accepted => both parties have to bring the paper because otherwhile you can prove that it was the actual content
We assume that the claimant is right if the defendant cannot prove that the claimant is wrong
A letter of claim can take any shape and be deliver any way as long as you can prove that you did it.

ALL 2nd step : go to the court Claim form : fact + legal reason + ask for this to stop/money to be given/etc = CLAIM
ALL Put on the roll : give a number to the case, it is accepted so it will be judged one day
ALL Summon : defendant summon by the claimant (convoquer) with a bailiff (huissier de justice) because normally he summon has to be given in the hand of the defendant or it is possible to give it to anyone living in the defendant home/building or to give the summon to the…...

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