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2o
Ch. Formularies
§.2. Judge's formularies
§.2. Formularies ensuing from the Judge.
2
Judge's Formularies 1 imperative
2 nonimperative
Art. 1. The formularies ensuing from a
Judge are either imperative or non-imperative
3
Imperative 1 decrees
2 orders
Considered in respect The imperative are either 1. decrees
2. orders.
4
Decrees 1. preparatory
2 terminative
A decree is either 1. preparatory or
2 terminative, with relation to the suit
5
In some instances terminative
decree necessarily
preceded by preparatory
In some instances the terminative sort
of decree is necessarily preceded by a preparatory decree,
to the rendering of a terminative decree a preparatory
decree is indispensable
6
Example partition
demanding suit
One instance is that of a partition-demanding
suit. If the judicial service demanded on the pursuer's side is
granted first times the decree ordering the partition
to be used. The partition being made, then comes the
decree dispos by which the disposition is made of
the several shares.
7
Decrees go in pairs
Imperative preceded
by opinative
Decrees go in every instance in pairs —
an imperative decree, and preceded by an opinative decree
for its support declaring the grounds, on which it is
founded, the opinative by which the imperative decree the result of an act
of the will: the opinative, of the understanding.
Identifier: | JB/056/055/001 "JB/" can not be assigned to a declared number type with value 56.
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