Article 195: Other rules apply to small claims

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 10389/2553 (2010)

   Because Section 195 applies the ordinary case provisions to small claims, a request to amend an answer in a small claim is governed by the general rule: where there is no settlement of issues, it must be filed at least seven days before the day of taking evidence, unless there is reasonable cause preventing an earlier filing or the amendment concerns public order.

   The defendant sought to amend the answer after the plaintiff's evidence had been taken, following withdrawal of counsel. Because the case was a small claim, Section 195 imported the ordinary rules on amending pleadings, so the court examined whether the late request fell within an exception such as good cause or a matter of public order.

2. Arrêt de la Cour suprême n° 6541/2547 (2004)

   Through Section 195, together with Section 27 and the appellate provisions, a higher court may of its own motion set aside a judgment and order given in breach of provisions intended to secure justice in the trial and the taking of evidence, since such a defect is a point of law concerning public order, even if the party did not ask for that relief.

   The Supreme Court held that a judgment and order given in breach of provisions meant to ensure a just trial and fair handling of evidence involved a point of law concerning public order, which it could raise on its own motion under Section 27 read with Sections 195, 243, 246 and 247, and it set aside the lower judgment and remitted the case.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.