Professional Documents
Culture Documents
BOOK I
PROVISIONS COMMON TO ALL COURTS Articles 1 to 749
TITLE I
PRELIMINARY PROVISIONS Articles 1 to 29
CHAPTER I
GUIDING PRINCIPLES FOR TRIAL Articles 1 to 24
SECTION I
PROCEEDING Articles 1 to 3
Article 1
Unless otherwise provided by law, only the parties may institute a proceeding. They may put an end to the latter
prior to its extinction by virtue of the court's decision or by virtue of the law.
Article 2
The parties conduct the proceeding under the duties incumbent upon them. They are held to carry out the pleadings
according to the forms and within the required time-limit.
Article 3
The judge supervises the proper progress of the proceeding; he has the authority to define the time-limits and order
the necessary measures.
SECTION II
SUBJECT-MATTER OF THE DISPUTE Articles 4 to 5
Article 4
The subject-matter of the dispute is determined by the respective claims of the parties.
The originating process and the defence submissions define such claims. However, the subject-matter of the
dispute may be modified by the interlocutory claims where they relate to the initial claims by a sufficient link.
Article 5
The judge must rule upon all what is claimed and only upon what is claimed.
SECTION III
FACTS Articles 6 to 8
Article 6
In support of their claims, the parties put forward the relevant facts supporting their claims.
Article 7
The judge may not base his decision on facts not in the debate.
Among the facts mentioned in the debate, the judge may even take into consideration such facts that the parties
have not expressly relied upon to support their claims.
Article 8
The judge may invite the parties to provide factual explanations that he deems necessary for the resolution of the
dispute.
SECTION IV
EVIDENCE Articles 9 to 11
Article 9
Each party must prove, according to the law, the facts necessary for the success of his claim.
Article 10
The judge has the authority to order sua sponte any legally appropriate investigation measures.
Article 11
The parties are held to cooperate for the implementation of the investigation measures, even if the judge notes the
consequences of abstention or refusal to do so.
Where a party holds evidence material, the judge may, upon the petition of the other party, order him to produce it,
where necessary under a periodic penalty payment. He may, upon the petition by one of the parties, request or order,
where necessary under the same penalty, the production of all documents held by third parties where there is no
legitimate impediment to doing so.