Chapter Sixth: Summary Jurisdiction

Article 579

The judge may, in his capacity as judge of urgent matters, consider applications for the adoption of urgent measures in civil and commercial matters without prejudice to the merits of the case, while preserving the special jurisdiction of the chief of the execution department. In the same capacity, he may adopt urgent measures to prevent irreparable harm or to safeguard evidence.

Article 580

1. The competent judge territorially in urgent matters is: - Either the single judge who has the principal claim within his jurisdiction or within the jurisdiction of the Court of First Instance or any other court within whose circuit he falls, - Or the single judge within whose circuit the subject matter of the urgent lawsuit arose.

Article 581

It is not permissible to request the adoption of any measure from the urgent matters judge related to a case presented to the Court of Appeal unless the initial judgment is issued in favor of the person requesting the adoption of that measure, and is not in conflict with this judgment.

Article 582

Urgent measures may be ordered prior to the service of summons on the defendant when the circumstances require such measure.

Article 583

1. The judge of urgent matters shall issue his decision in the lawsuit submitted to him without delay.

Article 584

1. A decision by the urgent matters judge shall not have the authority of res judicata with regard to the principle of the right. 2. However, it may not be amended or cancelled unless new circumstances arise that justify such action.

Article 585

The decision of the urgent matters judge is provisionally enforceable without guarantee, unless the judge orders the provision of a guarantee. He may, if necessary, order the execution of the decision in its original form.

Article 586

The judge of urgent matters may order the seizure of movable or immovable property when there is justification for such measure.

Article 587

1. The judge of urgent matters may order the imposition of a coercive fine on the defendant who refuses to execute his decision. He may also suspend it temporarily.

Article 588

The principles of the decisions of the urgent matters judge are preserved at his desk.

Article 589

The judge presiding over the case, as well as the judge of urgent matters, taking into account the provisions of Article 581, may, upon the request of one of the parties, with or without a guarantee, take all provisional and precautionary measures that are likely to preserve the rights and prevent harm, such as affixing seals, making an inventory of the existing assets, imposing judicial guardianship, selling perishable goods, and describing the condition.

Article 590

The rules and principles governing the appeal of the decisions of the urgent matters judge shall apply to the appeal of the ex parte decisions issued pursuant to the provisions of the preceding article and to the time limit for appealing them.

Article 591

The provisional measures ordered by the judge of urgent matters shall remain in force until they are revoked or modified by the court.

Article 592

1. Decisions related to provisional and precautionary measures are enforceable in their own right.

Article 593

In cases where the taking of a provisional or precautionary measure is required without summoning and hearing the opponent, the provisions related to orders on petitions shall apply.

Article 594

The judge of urgent matters may order the taking of an account when necessary to determine the extent of damage.