Article 44Assignation en reprise d'instance suite au décès d'une partie

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 19128/2555 (2012)

   When a judgment debtor dies during enforcement, the duties and liability pass to the heirs under succession law; this is not a pending case requiring the sections 42 and 44 substitution procedure, so an heir cannot simply apply to enter as a party unless a genuine dispute has arisen at the enforcement stage.

   After the case became final and the first defendant died during enforcement, the Supreme Court held that the first defendant's duties and liability passed to the heirs under sections 1599 and 1600 of the Civil and Commercial Code merely so that enforcement could be completed. This was not a pending case in which the court had to follow sections 42 and 44, so the applicant could not simply apply to enter as a party in place of the deceased and seek to set aside enforcement; such a substitution at the enforcement stage requires a genuine dispute of right arising there.

2. Arrêt n° 2532/2523 de la Cour suprême (1980)

   Where a debtor dies during enforcement of a final judgment, duties and liability pass to the heirs under succession law, so the court may issue enforcement against the estate administrator without first summoning them to be substituted as a party under sections 42 and 44.

   A final judgment ordered the defendant to accept payment and transfer ownership of land and a row house to the plaintiff, and the defendant died during enforcement. The Supreme Court held that the duties and liability passed to the heirs under sections 1599 and 1600 of the Civil and Commercial Code, so this was not a pending case requiring sections 42 and 44. The trial court could therefore issue an order of enforcement against the defendant's estate administrator without first summoning or ordering the administrator to be substituted as a party.

3. Arrêt de la Cour suprême n° 2376/2545 (2002)

   When a defendant dies during enforcement, duties and liability pass to the heirs under succession law merely to complete enforcement, and this is not a pending case that must follow sections 42 and 44.

   The trial court had ordered the defendant to deliver leased land and buildings, or else pay a sum with interest, and the defendant died during enforcement. The Supreme Court held that the duties and liability passed to the heirs under sections 1599 and 1600 of the Civil and Commercial Code only so that enforcement could be completed, and this was not a pending case requiring the substitution procedure under sections 42 and 44.

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