Should also be considered in this action (display), the defendant may be convicted rebel oath In evaluation of the applicant, the judge determines the value
Section: "Nulla dies sine linea" - The phrase of the day
Praeterea in hac actione notandum east, quod contumax for defendants in iusiurandum litem petitoris damnari possible quantities ei taxante judice.
Ulpiano: Digest 10, 4 In Action exhibition, 3, 2 (D. 10.4.3.2)
* Aunt TSJC dated 11/5/00, RJ 1490, in relation to the inadequacy of the ACTIO exhibendum ad in the procedure of voluntary jurisdiction, taking into account the character of arbitrary action, since its filing with the judge threatens to defendant with a pecuniary condemnation if it exhibits.
Tags: voluntary jurisdiction
All proconsul have jurisdiction as soon as they left Rome, but not contentious, but voluntary
Section: "Nulla dies sine linea" - The phrase of the day
Omnes proconsul stati quam urbem egressi outside habent iurisdictionem, sed non contentiosam, sed voluntarily.
Brand: Digest 1, 16 and the position of proconsul of legacy 2 (D. 1.16.2)
* Aunt TSJC dated 13/4/00, RJ 1483, in relation to the regulation of voluntary jurisdiction, which preserved the Roman consuls when they were stripped of the litigation, Judge conceived as one that appears not to dispute and conflict collaborating in the celebration of an event or as the legal business in iure transfer, or the adoptio consignatio. Read the rest of this article »
Tags: voluntary jurisdiction
Declaration of insolvency of the hereditary flow: voluntary jurisdiction
"So if you examine the arguments used by the Aunt instance, concerning the process of voluntary jurisdiction is not adequate or appropriate, they can not be shared. In this respect, which is accredited law applicable to the fund, while its validity, scope and content, the procedure is being voluntary jurisdiction of the appropriate procedure to process the full insolence of hereditary, according to the regulation German on the back, every time that the process contained in the Decree of 4-10-1969 states that it is a trader. Therefore, if the aim is the declaration of insolvency of the hereditary flow, as records to obtain limitation of liability by the Crown, and contemplates the possibility that German law is applicable to solve the this claim, under the personal law of the deceased must determine these procedural rules for Andorran ventilate such claim, without being able, in the ares of effective judicial protection, file the claim because it is of an inappropriate procedure. Indeed, the channel becomes the jurisdiction voluntarily with the ideal mechanism to process these types of claims, without prejudice to whether this case is formulated within the opposition, the same should become contentious, and thus give a appropriate channel in accordance with the procedural rules of Andorra, to ventilate the claim concerning the substance of the matter. "
Aunt of the Civil Division of the Superior Court dated 28/9/06, speaker JM. April, Aunt 090/06.
Tags: bankruptcy , inheritance , voluntary jurisdiction
Procedure of voluntary jurisdiction: nature and scope
Section: Juris. procedural
"Existing therefore a dispute over ownership of the money deposited in the account holders were sisters whose TR is not possible to resolve a procedure of voluntary jurisdiction who can claim the balance of this account, nor what proportion corresponding to each one of the owners, as the jurisprudence of this room is constant when you understand the procedure of voluntary jurisdiction is not appropriate when there is controversy about the right exercise is intended as highlights among many others in this room Aute 13 November 2003 quoted in the same sense of February 15, 1996 and September 24, 1998, as if to admit it to be placed alleged heirs of the other account holder in a clear situation of helplessness in not being able to participate in a contradictory procedure, or to prove their status as heirs of their rights or causing all of this regardless of whether this decision involves the need to initiate a new court proceeding to determine to whom this right with the obvious prejudice that may result to the appellant. "
Judgment of the Superior Court of Justice, Civil Division, dated 14/2/08, speaker E. Amat, Aunt 222/07.
Tags: voluntary jurisdiction
