Every right is protected not only by an action but also by an exception unless other provision is expressly made.
§1. Every action is extinguished by prescription according to the norm of law or by some other legitimate means, with the exception of actions concerning the status of persons, which are never extinguished.
§2. Without prejudice to the prescript of can. 1462,
an exception is always available and is perpetual by its very nature.
A petitioner can bring a person to trial with several actions at once, either concerning the same or different matters, so long as the actions do not conflict among themselves and do not exceed the competence of the tribunal approached.
§1. The respondent can file a counterclaim against the petitioner before the same judge in the same trial either because of the connection of the case with the principal action or to remove or diminish the claim of the petitioner.
§2. A counterclaim to a counterclaim is not allowed.
The counterclaim must be presented to the judge before whom the first action was filed even if the judge was delegated for only one case or is otherwise relatively incompetent.
§1. A person, who through at least probable arguments has shown a right over something held by another and the threat of damage unless the thing is placed in safekeeping, has the right to obtain its sequestration from the judge.
§2. In similar circumstances, a person can obtain an order to restrain another from the exercise of a right.
§1. Sequestration of a thing is also allowed as security for a loan provided that the right of the creditor is sufficiently evident.
§2. Sequestration can also be extended to the goods of the debtor which are discovered in the possession of others under any title and to the loans of the debtor.
Sequestration of a thing and restraint upon the exercise of a right can in no way be decreed if the harm which is feared can be repaired in another way and suitable security for its repair is offered.
A judge who grants the sequestration of a thing or a restraint upon the exercise of a right can first impose an obligation upon the person to compensate for damages if that person’s right is not proven.
The prescripts of the civil law of the place where the object whose possession is in question is located are to be observed regarding the nature and force of a possessory action.
Page generated in 0.0055 seconds.