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Accelerated Procedure

CHAPTER 3. ACCELERATED PROCEDURE

PARAGRAPH 1. GENERAL PROVISONS
Art. 300. Scope of application
(1)    The provisions of this Chapter shall apply where an application is made concerning any of the matters expressly referred to in the following Articles.
(2)    Applications concerning matters other than those expressly referred to in the following Articles may, subject to the provisions of Art. 302 (1) (c), be dealt with in accordance with the provisions of this Chapter.

Art. 301- Institution of proceedings
(1)    Any person legally entitled to institute proceeding under this Chapter may, on payment of the prescribed court fee, file a written, dated and signed application within the time fixed by the law under which the application is made, or where no such time is fixed, within fifteen days from the occurrence of the facts on which the application is based.
(2)    The application shall specify the capacity in which the applicant acts and the provision of the law under which it is made and shall be supported by an affidavit stating the reasons for the application.
(3)    The applicant shall attach to the application such documents as are required under the following Articles and may attach thereto such other documentary evidence as he deems necessary for the determination of the application.

Art. 302- Dismissal of application
(1)    The application shall be dismissed where:
(a)    the application is not qualified for making the application;
(b)    the  application  is not made in the form of within the time specified in Art. 301 (1) ;or
(c)    the court considers that the subject-matters of the application can not be properly determined in the manner hereinafter provided for.
(2)    The dismissal of the application shall not create res judicata abut shall be a bar t the making of a fresh application on the same grounds.

Art. 303- Decision on application.
(1)    Where the application is allowed, the court shall make its decision in accordance with the provisions of the following Articles and such decision shall be in the form of a judgment or written order, as the nature of the case may require.
(2)    Unless otherwise provided for in this Chapter or the law under which the application is made, the court shall make its decision on the basis of the application.
(3)    Nothing in sub-art (2) shall prevent the court from requiring the production of such evidence or additional evidence as may be necessary, on such terms, in such manner and within such time as the court shall direct.

Art. 304- Consequential orders
(1)    Any decision under this Chapter shall be made or given on such terms as to costs or otherwise at the court thinks fit.
(2)    No decision under this Chapter shall be a bar to the making of such further orders as may or must be made pursuant to the law under which the application is made or as may appear expedient in the circumstances.

Art. 305- Issues of certificate
(1)    On making its decision in favour of the applicant, the court shall, where he so requires, provided him with a dated and signed certificate stating in a concise form the contents of such decision.
(2)    The provisions of sub-art (1) shall apply in particular in matters concerning change of name (Arts. 43 and 43 Civil Code), refusal to draw up records or to celebrate a marriage (Arts. 139, 470 and 601 Civil Code), prior permission to use (Arts, 369, 773,779 and 786 Civil Code), withdrawal of isterdiction (Art. 377 Civil Code), opposition to marriage (Art. 592  Civil Code), widowhood (Art. 596 Civil Code) as well as in cases of applications to consult or to be issued with certain powers or documents or to be authorized to depart from certain instructions (Arts. 129, 209, 239,287, 523,528, 535 and 630 Civil Code).
(3)    Where an application is made for the correction or cancellation of records or entries in registers (Arts, 121, 127, 1623 and 1630 Civil Code) or for approval or confirmation (Arts. 146, 628, 633, 749,763, 766, 767 and 804 Civil Code and Art 441 Commercial Code) or registration or certification, the court may, without further proceedings, but after having ordered such investigation as may be necessary, give such directions as are appropriate in the circumstances, or issue a certificate evidencing approval, registration or certification or endorse the fact of approval registration or certification on the relevant document, as the case may be, together with the date and number thereof, where appropriate.

Art. 306- Appeal
(1)    Unless otherwise provide for by the law under which the application is made, no appeal shall lie from any decision under this Chapter other than a judgment under Arts. 309-311.
(2)    When an appeal lies from a judgment given under this Chapter it shall be made within ten days from the giving of such judgment and such judgment shall not be enforced until the period for the appeal has expired or the appeal has been decided.

PARAGRAPH 2. SPECIAL CASES
Art. 307- Calling of meetings

Where, on receiving an application for the calling of a meeting including a meeting of a family council, the court is satisfied that there is good cause under the law why a meeting should be called, it shall appoint such personas it thinks fit to call such meeting on such terms as the court shall fix and to carry out with regard to the meeting such other duties as are laid down by law or as the court may direct.

Art. 308- Appointments
(1). Where, on receiving an application for the appointment of a provisional director, trustee or liquidator, the court is satisfied that there is good cause under the law why such  appointment should be made, it shall appoint such person as it thinks fit to carry out the duties of a director, trustee or liquidator and shall, where appropriate. Fix his remuneration.
(2)  on receiving an application for the appointment of  a guardian, tutor, co-tutor or tutor ad hoc, or of an additional member of  tutor, co-tutor ad hoc, or of an additional member of a family council, the court shall summon all the relatives of the minor to appear on such day as it shall fix and the appointment shall be made after such relatives have been heard.
(3) The provisions of this Articled shall apply by analogy to applications under Arts, 211, 219, 220, 229, 238, and 383 of the Civil Code.

Art. 309- Setting aside of resolution
(1)    An application to set aside a resolution, such as an application under Art, 448 of the Civil Code Art, 416 of the Commercial Code, shall be accompanied by a copy of such resolution and of the memorandum and articles of association of the body corporate concerned.
(2)    Where the court considers that judgment cannot be gives on the application, it shall cause a copy thereof to be served on the body corporate concerned. The directors and auditors of which shall be required to file within fifteen days a written reply showing cause why the resolution should not best aside.
(3)    Where such reply is not filed or such cause is not shown, the court may order the resolution to be set aside.
(4)    The provisions of this Article shall apply by analogy to applications concerning resolutions expelling an associate, decisions made by the committee of management of an endowment or under Art. 549 (1) of the Civil Code, schemes of distribution profits, final balance sheets and, generally but without prejudice to such other provisions of this Coe as may be applicable in any particular case, to objections made by the creditors of a trader.

Art. 310- Applications for expulsion, dismissal or removal
(1)    On receiving an application for the expulsion of a partner the dismissal of a manager or trustee, such as an application under Art. 261 or 293 of the Commercial Code or Art. 522 of the Civil Code, the court shall case a copy thereof to be served on him and require him to file within fifteen days a written rely showing cause why he should not be expelled or dismissed.
(2)    Where such reply is not filed or such cause is not shown, the court may order expulsion or dismissal.
(3)    The provisions of this Article shall apply by analogy to applications for the removal of a guardian or tutor.

Art. 311.- Dissolution of partnership or body corporate
(1)    An application for the dissolution of a partnership or body corporate or for the termination of an endowment or trust shall where appropriate, be in the form provided for by Art. 309 (1).
(2)    The provisions of Art. 309 (2) and (3) shall in appropriate cases apply to applications under this Article.

Art. 312- Amalgamation of endowments
(1)    Where an application for the amalgamation of two or more endowments is made under Art, 505 of the Civil Code, the court shall cause a copy thereof to be served on the Ministry of Interior which may within fifteen days file a written reply concerning the desirability or otherwise of the proposed amalgamation.
(2)    The court shall order amalgamation on being satisfied that it is desirable in the general interest.

Art. 313.- Opposition to marriage
On receiving an application for the withdrawal of an opposition to marriage, the court shall summon the applicant and appoint to appear on such day as it shall fix and shall give judgment after both parties have been heard:
Provided that the withdrawal of the opposition shall be ordered where the opponent fails without good cause to appear.

Art. 314.- Applications to set aside refusal
(1)    On receiving an application to set aside a refusal to make an entry in a public record or register or to celebrate a marriage, the court shall cause a copy thereof to be served on the person who so refused and require him to file within fifteen days a written reply showing cause why the refusal should not be set aside.
(2)    Where such reply is not filed or such cause is not shown. The court shall order the refusal to be set aside.