Part First: General Provisions

Article 314

1. The expert is chosen from among the experts appointed in a special schedule, and it is possible, by a reasoned decision, to choose him from others, even from foreigners. 2. The choice of the expert takes into account his technical knowledge in relation to the subject of the investigation. 3. If the expert's name is not listed in the schedule, he must take an oath before the court that appointed him to perform his work with honesty and integrity, otherwise the work is null and void.

Article 315

The expert must personally execute the task assigned to him. However, he may use workers under his supervision and monitoring. If the expert is a legal person, his legal representative must inform the court of the name of the natural person or persons who will execute the task within that legal entity and in its name. The appointment of these persons is subject to court approval.

Article 316

It is permissible to reject the expert for the same reasons that justify the rejection of the judge. If the expert is a legal person, it is permissible to direct the request for rejection to the natural person or persons who undertake the execution of the task and have been approved by the court. The request for rejection is submitted to the court that appointed the expert. If a reason for rejection arises in the expert, he must offer to withdraw of his own accord to the court that appointed him.

Article 317

The party challenges the expert within a period of three days from the date of notification of the expert appointment decision or from the date of learning of the ground for challenge, by a petition stating the reasons for challenge and served on the expert and the other party, and each may present observations within three days. The court must decide on the challenge petition within an equal period without summoning the parties. The judgment issued thereon is not subject to any appeal.

Article 318

In the event of the acceptance of the response or the recusal or the refusal of the expert to undertake the task, or the impossibility of notifying him thereof, or the existence of any legal impediment, the court shall resort to replacing the expert. The court also, on its own initiative or upon the request of the parties, may decide to replace the expert who fails to perform his duties, after hearing his statements, unless the court decides to dispense with such hearing for lack of usefulness.

Article 319

The court that appointed the expert may decide to expand or narrow the task assigned to him.

Article 320

The expert must execute the task with honesty, faithfulness, and impartiality. He must express his opinion on the matters referred to him for investigation and not deal with other matters unless the parties agree in writing. He may not express an opinion having legal character.

Article 321

1. The expert shall be bound by the deadline set for him.

Article 322

1. The court may not assign to the expert the task of conciliation between the parties.

Article 323

1. The expert may obtain oral or written information from any person, provided that he states the person's name, surname, profession, and place of residence, and, if necessary, the relationship of kinship, affinity, or any other relationship existing between him and the parties. 2. The court may thereafter hear the testimony of this person if it deems it useful for the investigation.

Article 324

The expert may request from the parties or third parties the delivery to him of any document that would assist in executing the task. The court may order this when necessary.

Article 325

The expert must include in the report containing his opinion all the information that would enlighten the court regarding the matters to be investigated. He is prohibited from disclosing other information that he may have become aware of during the execution of his mission.

Article 326

1. The court may at any time summon the expert to complete or clarify incomplete or ambiguous information in his report, whether in writing or orally during the hearing. 2. The expert has the right to request the court to hear him at any time.

Article 327

The expert's opinion does not bind the court, nor do the facts stated in his report.

Article 328

1. It is not permissible to rely on the opinion of an expert, the disclosure of which would compromise the purity of private life or any other legitimate interest, on matters outside the scope of the dispute, unless the court permits it or the concerned party agrees to it.

Article 329

1. It is prohibited for the expert to receive directly from one of the parties, in any form whatsoever, a fee, even as reimbursement of expenses, unless the court decides otherwise.

Article 330

The court may appoint an expert whose mission is limited to inspecting the disputed thing. The expert is prohibited from expressing an opinion on any factual or legal consequences that may result from the inspection with which they are entrusted.

Article 331

The court clerk shall notify the expert of the decision appointing him and specifying his task.

Article 332

1. The expert shall record the facts he observes in a report to be submitted to the court, unless the latter decides that the information should be presented orally to it.

Article 333

1. The court shall determine the time limit within which the expert must submit his report or the date of the hearing at which he shall provide his information orally. 2. It shall order the parties or one of them to advance a payment on account of the expert's fees, the amount of which shall be determined.

Article 334

1. The expert shall deposit his report with the court clerk to be appended to the case file. 2. If the expert presents his information orally, it shall be recorded in the hearing minutes.

Article 335

1. The court shall determine the expert's fees immediately upon completion of the task.

Article 336

The judge of urgent matters, upon a petition submitted by an interested party before any suit is filed, may order the appointment of an expert to conduct a technical inspection by a decision taken at the end of the petition even without summoning the other party. The rules provided in the preceding articles shall be followed.

Article 337

1. If a purely technical issue is raised in the lawsuit that does not require complex investigations, the court may assign an expert to provide it with advice on this issue. 2. The advice shall be given orally, unless the court decides that it should be submitted in writing.

Article 338

1. The court expert clerk is informed of the decision appointing him and defining his mission.

Article 339

The court shall determine the date of the hearing at which the consultation is to be given orally or the period within which the written consultation must be filed. It shall order the parties or one of them to advance a sum on account of the expert's fees to be determined.

Article 340

If the advice is given orally, its content shall be recorded in the minutes of the session, which must be signed by the expert. If it is given in writing, it shall be deposited with the court clerk and attached to the case file.

Article 341

1. The court shall determine the expert's fees immediately upon completion of the task.