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9
Ch.I All-embracing Arrangements
(7 §.2. Enumeration and Explanation
Probation By this appellation is designate a course of operations
which commence with application and costs due to the decision by
which execution or dismissal are awarded
It appears in law and
It may be pursued in law operative as for appellative
altogether and probative
Art 20
Any Decree antecedent to the
termination may be termed
a mandate or order
Mandate or Order — is the appellation by which may be distinguished
any decree antecedent to, that is to say/which is as much as to say other than, the terminative.
Art. 21
A Decree terminative with
reference to co suitors or
co-applicants one or more
may be continuative with
reference to others one or
more. In this case the
decree resolvable into as
many elementary decrees
as there are co suitors or
co-applicants
A decree may be with reference to one co- suitors or other co-applicants, one or more, terminative: with reference
to others, one or more, continuative.
In this case the decree
may be considered as
composed of and resolvable
into as many
elementary decrees as there are
suitors or
other applicants.
Art. 22
III Execution IV Dismissal
Operations alternative to
each other. By execution
the suit terminated in
favor of pursuer by
dismissal in favor of
defendant
3. Execution. 4. Dismissal. These two operations require to be
considered together: the one being performed in one case, the other
in the opposite case: by executor the suit receiving its termination
in favour of the a pursuer: by dismissal, in favour of a the defendant
Art. 23.
Dismissal may have place
at any time after initiative
application and puts an
end to the suit if the suit
be commenced, if not, to the
application
Relative time at which dismissal may have place
any time whatsoever from the first moment of the applic at which the minute application is made
to the last moment of the suit inclusive: at which moment so ever preferred, at that same moment
where application is dismissed, at that it puts an end to the application:
if the application has been productive of the commencement of a suit,
to the suit.
Art 24
Of Execution the operator
either 1 the Judge or 2 a
person other than the Judge
Persons whose operation execution is may be capable of being are
1 the Judge himself or 2 a person functionary other than the Judge
Art 25
Case where Judge's operation
suffices for execution
that where the remedy
applied for is an act of
registration on the part of
the Judge, as where a mere
declaration of a right is
applied for
For execution the Case in which the operation an act of the Judge
himself suffices, unless the operation of registration performed by the Judiciary functionary
termed the Registrar be is considered as a distinct operation is that
in which for the application of the remedy applied for or adu an act of registration
performed in compliance with and virtue of, the d a terminative decree of the Judge, suffices
as where the service demanded t at the hands of the Judge by
the application and consecutive suit is the bare collection or transfer
of a right: no physical operation of which either a person or a thing
is the subject matter being necessary to the effectuation of such transfer
Identifier: | JB/055/033/001 "JB/" can not be assigned to a declared number type with value 55.
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Art 20 - Art 25 |
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