Chapter First: General Provisions

Article 363

1. The parties alone have the right to institute the lawsuit, except in cases where the law provides otherwise, and they shall proceed with the trial proceedings with the burdens that befall them, in accordance with the forms, formalities, and within the specified time limits. 2. They may put an end to the trial before its conclusion by the issuance of a judgment or as stipulated by law.

Article 364

The judge shall oversee the proper conduct of the trial and for this purpose has the right to grant extensions and take necessary measures.

Article 365

The subject of the dispute is determined by the claims of the parties stated in the summons and the memoranda. It may be amended by urgent requests that meet the conditions stipulated in Article 30.

Article 366

1. The judge shall rule in his judgment on everything that is required and only on what is required.

Article 367

The parties shall plead the facts on which they base their claims.

Article 368

1. The judge shall not base his judgment on facts outside the scope of the trial. 2. However, he may take into account the facts presented during the trial, even if the parties did not specifically rely on them to support their claims or defenses.

Article 369

1. The judge shall adjudicate the dispute in accordance with the applicable legal rules.

Article 370

The judge must give the correct legal characterization to the facts and acts in dispute without being bound by the characterization given by the parties. He may raise on his own motion the pure legal grounds irrespective of the legal basis advanced by the parties. However, he may not change the characterization or legal basis when the parties by their express agreement, with respect to rights of which they have freedom of disposal, have limited it to a specific characterization and legal points which they intended to restrict the discussion to.

Article 371

1. The judge may request from the parties clarifications regarding the facts or legal points that he deems necessary for ruling on the dispute.

Article 372

1. It is absolutely not permissible to issue a judgment against a defendant who has not been heard or been given the opportunity to present a defense.

Article 373

The judge must in any case comply with and enforce the principle of contradiction. He may not base his judgment on reasons or explanations presented by one party or documents produced by him unless he has given the other parties an opportunity to discuss them. He may not base his judgment on legal grounds which he raises on his own motion without previously calling upon the parties to submit their observations thereon.

Article 374

When the law permits or necessity requires the issuance of a measure without the knowledge of the opponent, the latter has the right to appeal the decision that harms him through the appropriate channel.

Article 375

1. Reconciliation between the parties is considered part of the judge's mission.

Article 376

1. The trial shall be public unless the law requires or permits it to be conducted in private or in the deliberation room.

Article 377

1. The judge shall not be required to resort to a translator if he knows the language spoken by the parties.