Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)
Cap. 12 Art. 791Pleas in spoliation suits.
Sub-title VI
(1) The defendant in a spoliation suit brought within the period of two months from the day on which the spoliation took place may not raise any plea other than dilatory pleas, before he shall have restored the thing to its former condition and fully revested the party despoiled within the time which, according to circumstances, may have been fixed in the judgment, without prejudice to any other right appertaining to the defendant.
(2) The provisions of this article shall also apply in the case where a tenant has been dispossessed of the thing let out to him whether by the lessor or by a third party.
(3) The court shall limit its inquiry to the question of possession or detention, and to the question of spoliation.
(4) In a spoliation suit the depositions of witnesses given in criminal proceedings for an offence under article 85 of the Criminal Code for the same conduct concerned in the suit shall be admissible as evidence in the suit without prejudice to the right of the other party to cross-examination.
Amendment history
- Amended by XVI.2006.26