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Act Of 17 May 1935, Establishing The Suriname Code Of Civil Procedure, As It Stands After The Amendments

Original Language Title: WET van 17 mei 1935, houdende vaststelling van het Surinaams Wetboek van Burgerlijke Rechtsvordering, gelijk zij luidt na de daarin aangebrachte wijzigingen

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Act of 17 May 1935 BurgerlijkeRechtsvordering, laying down of the Surinamese Penal Code (G.B. 1935 No. 80), even as it stands after the subsequent wijzigingenbij G.B. 1935 No. 130, G.B. 1936 No. 108, G.B. 1936 No. 115, G.B. 1937 No. 78, G.B. 1939 No. 96, G.B. 1944 No. 42, G.B. 1944 No. 58, G.B. 1944 No. 75, G.B. 1944 No. 104, G.B. 1945 no. 13 , G.B. 1945 no. 35, G.B. 1947 No. 140, G.B. 1948 No. 17, G.B. 1960 No. 21, G.B. 1962 No. 106, G.B. 1962 No. 195, G.B. 1963 No. 24, G.B. 1967 no. 100, G.B. 1972 No. 60, G.B. 1973 No. 75, G.B. 1973 No. 140, S.B. 1976 No. 19, S.B. 1980 no. 150, S.B. 1981 No. 23, S.B. 1985 No. 2, S.B. 2002, no. 100.

FIRST BOOK

OF THE PROCEDURE FOR THE DISTRICT COURTS

AND FOR THE COURT OF JUSTICE

FIRST TITLE

GENERAL PROVISIONS

FIRST DIVISION OF SERVED WRITS OF SUMMONS, NOTICE AND SERVICE

Article 1

Each exploit is done by a bailiff, which led to the operation in the plaatsbevoegd; He leaves copy of the exploit to the person or to the residence of degeëxploiteerde. The statement applies to him, who received it, as the original.

Article 2

Without prejudice to the specific requirements of this Code on the vanexploiten to do the by the parties at the beginning or in the course of the proceedings and of detenuitvoerlegging elected domicile, may all be done according to articles 76 and served writs fellow 77 of the Surinamese Civil Code elected domicile. This power stops if expressly prescribed, that the exploit to identify who or to the actual place of residence should be done. If, in the event that according to article 76 of the Surinamese Civil Code General choice of place of residence must be done in Paramaribo, a residence there is not chosen, may deexploiten made to the Attorney-General, who thereby acts as is prescribed in article 3.

Article 3

If the officer nor the exploited, nor any of his housemates existence living takes place, it shall inform the copy at once in hand in Paramaribo to the procureurgeneraalen in the districts to the head of the local government, that the oorspronkelijkekosteloos for seen signs; This does the copy, if possible, to the geëxploiteerdetoekomen, without, however, by the latter in straight needs to prove. The bailiff of that hand delivery notification in the original piece and in hetafschrift.

Article 4-1

If the exploited lives outside Paramaribo, the bailiff is under no obligation to do hetexploit on the way as the previous articles, but he is, as far as this decision on State nietbij districts or portions thereof is excluded qualified to the location of the seats of the original and in copy to the Attorney General upon, which in that case the transcript by an official in the district to the exploited in person or aandiens home does. This official shall, on the copy a ondertekendeverklaring by him, on the indication of the day of issue, and shall immediately inform knowledge gives to the Attorney General, which is equal to the original statement, which he returns to the bailiff or return as possible. In the event saying officer nor the exploited, nor any of his roommates existence living takes place, he does it in a moment note on the transcript. He enondertekent that dagtekent notation and forward the copy as soon as possible to the Attorney-generaalterug, which in the original a declaration signed by him, hold and mention of everything by that official on the transcript. The Attorney General gives or sends the original copy to the deurwaarderterug, and does it straight away, if possible, to forward to the exploited, without the need to prove this laatstein's straight.

Article 5

Each of the geëxploiteerden a copy of the exploit. However need to spouses, which is not separated from bed and Board or of goods, only one copy to be left alone.

Article 6-2

All served writs to be done in the following manner: 1 °. in respect of the land and of the President, particularly on him, to identify who in business or in the Office of the Attorney General; 2 °. in respect of public legal entities, to the person or at home of the head desbestuurs or on site, where the Board seat or Office; 3 °. with regard to other legal entities to the person or to the residence of a derbestuurders and, after the dissolution, of one of the liquidators or their seat or Office; envoorts regarding partnerships and partnership en commandite to the person or to the placeof residence of one of the managing partners and, after the dissolution, of one of the liquidators or her Office; 4 °. with regard to the once bankrupt estate to the person or the residence of the curatorof, if there is more, to one of them; 5 °. in respect of the deceased, to the expression of uncertainty in joint heirs and even, without names or residences, in the last domicile of the deceased, but not dangedurende one year after the death longer; 6 °. with regard to them, that no known residence in Suriname, on site of hunwerkelijk at. If they do not have a residence within Suriname, there also not possess and a bekendwerkelijk at their residence outside Suriname is unknown, as fellow ingevalin straight are called strangers, do not name holders of ingeldleningen shares or companies standing, the exploit in question to the main door of the gehoorzaalvan the right, for whom the claim is brought or pending , and is a tweedeafschrift surrendered to the Attorney General, that the original draw for seen. In addition, is it done exploit announced in the Ad Journal of the RepubliekSuriname. If the exploit to run or not a pending lawsuit, hetaangeplakt to the main door of the hearing room of the Court of Justice, the tweedeafschrift surrendered to the Attorney General and is made the announcement in hetAdvertentieblad of the Republic of Suriname. 7 °. with regard to them, who do not live in Suriname, as far as they have no bekendverblijf, to the Attorney-General, who the original summons to gezientekent; This does the copy of the exploit for the benefit of the stakeholders to forward to dePresident. If the exploit to run or not a pending lawsuit, the gedaanaan the Attorney General, which thereby acts as in the first paragraph of this number. The President shall forward the copies to the Minister of colonies, unless he, in the interest dergeëxploiteerden another shipping method verkieselijk. 8 °. with regard to the married, not divorced woman, deexploiten, who in that respect her at the request of her husband, to her in persoonof to its real residence and, when this is at home by her husband, alsdanaan her in person or, if the deuwaarder don't find her there, to the Attorney-General invoege as prescribed in article 3, in addition, in that case, while the exploit in the Ad wordtaangekondigd Journal of the Republic of Suriname; a copy of dieaankondiging has also been pasted up on the outside of the main door of the House by henbewoonde. This announcement needs to contain only the date of the exploit, to the prompt of the person whose request or following whose on the right gerichtverzoek operated, the designation of the person to whom the exploit is done, when the bailiff, who did it, and of the person to whom copy of left hetexploit; Furthermore, if the notice concerns a notice at the hearing, the prompt of the judge and of the day and the hour of the hearing, and if the aankondigingde service of a court ruling or decision, the indication of the judge by whom, and the date by which that ruling pointed out or that decision is taken. The bailiff is obliged, at the request of the woman the tag copy of the notice to remove it immediately. If the woman has not really stay at home by the man and dedeurwaarder that no one is really at, article 3 applied. If the stay in Suriname of the wife is not known, shall be the exploit on Katharine at n °. 6 of this article 9o. with regard to the employer and his employee, who in his house is domiciled, which served writs, which addresses the application of the one on the other, in the manner, and in compliance with stipulations, prescribed under 8o., except dathetgeen there about the spouse is determined, will apply for the one, whose verzoekehet exploit is released about the woman, and that what there is certain, will take the person, to whom the exploit released.

Article 7-3

The exploit should mention: 1 °. the day, month and year; 2 °. the names and residence of the person to whose request or following request addressed the right wiensaan it is done; 3 °. the names and residence of the exploited and the bailiff's; 4 °. the person, to whom the copy of the exploit is left. If a party is a legal person or company, its name in the jurisdiction of that name and first name are listed. A summons to appear in straight must also include the indication of Justice, that the case should take note, and the day and the hour, in which the exploited in a straight to appear. The bailiff must exploit and the copy thereof sign.

Article 8

The ordinary term of convocation of at least three days for the exploited, which is resident, or, in the absence of known residence in Suriname, she resides on the spot, where the clerk of the Court, for which he is called, is established. In urgent cases requiring, at his disposal as such mentioned, the kantonrechterof the president of the Court of Justice to the time between the notice and the day in court, which should expire, with lots.

Article 9-4

If the exploited elsewhere in Suriname lives or resides danwaar the clerk of the Court, whose judge of the requirement must take note, is located, are these terms of Convocation at least of the following duration: 1 °. at summons to the Court of Justice or the Court of first instance in the first District of: a. If the inductee reside or stay in one of the districts of Wanica, Para, Brokopondo, Commewijne, Saramacca or three weeks; b. If the inductee reside or stay in one of the districts of Nickerie, Coronie, Marowijne and Sipaliwini, five weeks. 2 °. at summons to the Court of first instance, sitting in the third Canton in the districtNickerie or in the district of Coronie: a. If the inductee living or staying in the district of Nickerie respectively: or in the Coronie district, seven days; in the district of Nickerie, Coronie district or in three weeks; b. If the inductee reside or stay in Paramaribo district, five weeks; c. If the inductee reside or stay in one of the districts Saramacca Commewijne, Wanica, Para, Brokopondo, Marowijne, Sipaliwini, or six weeks; 3 °. at summons to the Court of first instance, sitting in the third Canton in the districtMarowijne, if the inductee reside or stay: a. in the Marowijne district: three weeks; b. in the district of Paramaribo: five weeks; c. in one of the districts of Nickerie, Coronie, Saramacca, Commewijne, Wanica, Para, Brokopondo and Sipaliwini, six weeks.

Article 10-5

In the case, in the second paragraph of article 6, no. 7, is the term of oproepingten least three months. The judge is competent to investigate at the request of the applicant, if necessary, to shorten this term under the set vanvoorwaarden. Article 8, second paragraph, in accordance with application, provided that the conditions, under which authorisation was granted, at the head of the summons must be mentioned. If the inductee in Suriname nor a known domicile or a bekendverblijf, is the term of summons, established for that purpose by the President. The second paragraph here application.

Article 11

If an exploit to someone, that person lives outside of Suriname, to its binnenSuriname is done, or if he in Suriname a chosen or legal woonplaatsheeft, as well as in summons of companies based elsewhere than in Suriname but aldaareen common Office or a driver, a ofgevolmachtigde, or, after the dissolution a liquidator or representative a representative or gevolmachtigdevan these have, subject to the time limits laid down in articles 8 and 9 , according to deafstand of the place, where the exploit.

Article 12

When more people because of the same claim on different terms are moetenopgeroepen, this shall be for all against the day of appearance, for the living verstverwijderd.

Article 13

The day of the exploit and the day of appearance are not seat under the General term, determined for summons, notice and service. In the case provided for in the third paragraph of article 2, the by the Attorney General, in the case provided for in article 3, the by the Attorney General or by the head of Administration mentioned hetplaatselijk day of hand delivery, and, in the case of article 4, in the deambtenaar district outside listed by date of issue or attempt to issue, for day vanexploit.

Article 14

The notices or convocations, to present in this or that vanprocedure or act of instruction, include only the place, the day and the hour of the first print terechtzittinguit; they need not to be repeated, even though the hearing on another day has shifted or continued. Article 15a exploit should not be done on Sunday, tenware from power of a bijzonderevergunning of the district judge or by the President of the Court of Justice. If the laatstedag of the term, within which an exploit to take place, falls on a Sunday, it must be done nogop the subsequent business day.

Article 16

An exploit or enforcement of a judgment may not be made before the evening after six hours and six hours desmorgens tenware, the district judge or the President of the Court of Justice, in matters which require extraordinary prosperity, have granted permission.

Article 17

The judicial officer or the officer or his replacement may not revert to his blood relatives or an exploit aangehuwden in the straight line, and in the small County onbepaaldelijk to zusterskinderen degraad of brothers and embedded. In case of impediment of deambtenaar for that purpose, which, in accordance with article 4, the bailiff replaces, the procureurgeneraalin its replacement. In the absence of competent officers is absent, the district judge or the President of the Court of justice the power to designate one or more appropriate and trusted personenaan performed the work, including those welkena any final judgment, are needed.

Article 18

If an exploit at the hands of the judicial officer or of a civil servant who hemvervangt, annulled, the courts have jurisdiction to put it in the cost of the exploit and the destroyed refer to procedure, without prejudice to the claim to damage and interestenvan the party, into the circumstances.

SECOND DIVISION

OF THE HEARINGS

Article 19

The Court is authorised, in the interests of public order or morality of the staff were helpful and friendly, that the treatment of a judicial proceeding on the hearing metgesloten doors will take place in whole or in part. The witnesses will be at a public hearing held, unless the court orders that the omgewichtige reasons if, in whole or in part will take place behind closed doors. In cases of divorce or legal separation has the steedsmet closed doors of witnesses. The reasons of such order in the minutes of the session.

Article 20

Parties appear in person before the Court, if desired, by counsel assisted tenware, they prefer if there are to be represented by a delegate. The Court shall have jurisdiction in all cases and in each stage of the proceedings, either at breaka Association test, when the case him for amicable settlement seems susceptible either to provide information either to other important reasons, the persoonlijkeverschijning of one or more of the parties. This privilege does not apply at the President.De right aanzienvan keeps track of the decision of the case with the nietverschijnen on a totpersoonlijke appearance or command with a refusal to reply or to put it in the following article to sign agreed minutes referred to such a Bill, if he is subject to legal rules of evidence considers to belong.

Article 21

If information is provided, the judge in each case, and if eenminnelijke fails, the judge, if the parties so desire, eenproces written report and does this signing by parties or by their bijzonderlijkgemachtigden to that end; in that report is either the day determined for further treatment of the case at the hearing, either the commitment, which parties as a result of that settlement, expressed on zichnemen. The issuance of this report shall be made in enforceable form. If a friendly solution is not established, determines the right immediately the day, on which the case will be dealt with at the hearing again.

Article 22

The permission on a representative is past by private or notariëleakte of General or specific mandate, by deed of griffiervan a special mandate for the District Court or orally at the hearing, as if keeping of records wordtgehouden in the minutes. The Registrar gives the past deeds of mandate for him in the original. As agents of parties may only act persons, that their woonplaatshebben on the spot, where the District Court sits. Lawyers, who act as agents, explain this in their ondertekendstuk or orally at the hearing, as when a written or an oral authorization given by devertegenwoordigde at the hearing is not advanced. The party, which does represent itself by a delegate, to have geachtwoonplaats to that agent, unless he himself lives on site, where the kantonrechter sits, or there might have chosen a different residence.

Article 23

The parties and their attorneys or counsellors are required to bezadigdheid the case for rechtermet to defend or advocate, and in all respect and enhance investor confidence, which one is guilty to the justice. If they go beyond it, the courts have jurisdiction to prevent their continued.

Article 24

The audience belong to the hearings a decorous AWE and silence to enhance investor confidence; all that the president or the district judge to maintain the record recommends, moetstiptelijk and immediately be implemented.

Article 25

Persons, who during the hearing the silence bother, conceive or tekenenvan movement approval or rejection must, if they did not immediately after the warning of Justice stop or the bailiff, leave; He who gives no result, should be held terstondin custody and in it for the time of 24 hours remain on presentation of an edict of the district judge or by the President of the Court of Justice. The uitgiftevan such a command must be in the minutes of the session.

Article 26

If a bailiff or clerk of the Court of Justice or of the District Court, is the right information presented has disrupted power to him to suspend for a period not exceeding six weeks in zijnbediening.

Article 27

If the turmoil on the hearing has been accompanied by insults to the judges or the ofbedreigingen judicial officials in apprehending the attribute hunbedieningen, which insults or threats of crime, is dekantonrechter or the president of the Court of Justice to the offender immediately, if possible, in the same hearing him doenaanhouden and without any summons to doenterechtstaan; After the facts have been brought to clarity and the public prosecutor's Office in this area can be isgehoord conviction.

Article 28

If the insults or threats against a judge or against rechterlijkeambtenaren in apprehending their controls outside the hearings have taken place, the district judge or the President of the Court of Justice to the offender do persist and terstondte minutes of the fallen to do format. This process-verbaalwordt to the competent official for further prosecution, the order is sent.

Article 29-6

If in the course of a judicial proceeding is required, the assistance of an interpreter is provided by parties, or, in the case of difference, by the district judge or by the President of the Court of Justice. If the person elected is not a beëedigd translator admitted by the Board, it shall, before its work on to catch, on the hearing the oath, or the promise thereof, in accordance with the arrangements set by law that he is the gevorderdediensten of him as interpreter with fidelity and to his conscience will do. In operations of a court-appointed receiver requires an interpreter, then debemoeienissen by the President on the judge-Commissioner. JUDGES AND THE THIRD SECTION RECUSE OF JUDGES

Article 30

The judges, the officials of the public prosecutor's Office and that of the registry may charge zichniet defending the Affairs of the parties either orally, either in writing or by way of consultation. However they are allowed their own business, those of their spouses, blood relatives ofaangehuwden in the straight line, and that of their pupils. They may also not have been arbitrators.

Article 31

A judge may only be objected to the following reasons: 1 °. If he has personal interest in the dispute; 2 °. If one of the parties in consanguinity or devierde degree in zwagerschap exists until in embedded; 3 °. If, within the year before the challenge, against one of the parties, or her husband ofnabestaanden and aangehuwden in the straight line midrijf on zijnbeklag or by prosecution for his actions has taken place; 4 °. If he has given a written opinion in the matter; 5 °. If he, pending the proceedings, from someone, that came with the case interest, gifts or promised to him and he heeftontvangen that promise; 6 °. If the judge, his wife, their relatives or aangehuwden in the straight line difference about a similar topic as that between parties in dispute; 7 °. If there is a civil lawsuit between the right, his wife aangehuwden, their bloedverwantenof in the straight line and one of the parties is pending; 8 °. If the Court supervisory guardian, curator or supervisory guardian, curator, administrator, heir or donee is suspected of one of the parties, or if one of the parties zijnvermoedelijke heir; 9 °. If he is Administrator of any Foundation, society or body of Directors, welkepartij in the case is; 10 °. If there is a high degree of enmity between him and one of the parties; 11 °. If there is between the judge and one of the parties, since the creation of the judicial proceeding ofbinnen six months before the rejection, insults or threats have taken place.

Article 32

The reasons, to which a court may be challenged as, also apply to the procureurgeneraalen the Advocate General if that does not occur if head party in the dispute, together with officials from the Clerk's Office. The challenging of these officials shall be made in the same manner as that of the judges.

Article 33

Each judge, who knows, that in a pending case before the Court of Justice, in which hijzou have to take part in the treatment and decision, only reason of objection against hembestaat, is held as soon as possible on the Court of Justice; This collegebeslist, or he must remember the handling of the case.

Article 34

The party, which a judge as in the previous article, the wrakingmet would like to recuse meant all grounds and reasons lined proposals, under penalty of loss of the right to do so, before the lawsuit in a State of stress, the soils or tenware were allowed to rise to dewraking later. With the exception of the last case, the challenge of a judge-commissarisgeschieden, before he begins his work as such.

Article 35

The Act of an objection must be signed by the party or its authorized representative to this end special and bijauthentieke Act; It is handed to the Registrar, which, after eenbewijs of receipt, to have given her immediately to the offending rechtermededeelt.

Article 36

The offending judge is held to within two days under the Act to set a schriftelijkeverklaring, containing either resignation in the objection or refusal to stand out from the kennisnemingder thing to remember, with his answer on the grounds and reasons, in the akteuitgedrukt.

Article 37

If the offending judge in the objection is based, he must remember the case.

Article 38

If it is not based in the objection, the Court of Justice examines bijaldien the cases when a college case concerns, the grounds and reasons for objection; the college is the challenging, if the this proven and grounded.

Article 39

If a party has more than one member of the Court of Justice would be recused, she is, bijaldien to the college before it reaches a case concerns, not the second or verderewraking for bear, before about the prior decided.

Article 40

The members of the Court of Justice may not change to be implemented the decision of the objection to the consultation.

Article 41

If as a result of allowed rejection or of admittedly reason of change oftengevolge from other causes the members of the Court of Justice does not totally modifications instead of numbers a matter, the requesting party to the President, to metverzoek for the trial of the case to appoint the required number of extraordinary members.

Article 42

In objection to the District Court, or if he believes that there is any reason of objection against him exists, it shall set the case off until the day vraagtzo soon as possible sides are called and the decision of the Court of Justice under the relevant Act of transmission of an objection, as well as his reflections and Council. In the event the District Court correctly recognizes the reason for disqualification, he wears the treatment of the case, pending the Court's decision, on to a substitute; He gives hiervantegelijkertijd knowledge to the Court of Justice. in an objection or alleged reason of change of the Registrar decides the kantonrechterin highest administrative jurisdiction.

Article 43

If as a result of allowed rejection or of admittedly reason of change oftengevolge from other causes nor the District Court, nor are alternates of eengeschil could peruse, the requesting party is competent to stand up to dePresident, with the request for someone to decision of the case.

Article 44

The decision in cases of an objection shall not be subject to any job.

FOURTH DIVISION

OF THE GENERAL REGISTER, OF THE POLICE REPORT

OF THE SEAT AND OF JUDGMENTS IN GENERAL

Article 45

The Registrar shall maintain a general register, in which all cases pending before the Court, each case under a separate number, will be inscribed with the names of the partijenalsmede of their agents or counsellors, so those who have. In that register, indicating the date, briefly gehoudenvan the notation in each case for fallen and of the decisions taken therein. If a witness, expert, interpreter or custodian compensation progresses, keeping of records by the judge dieschriftelijk budgeted and held in the General Register.

Article 46

The Registrar makes the treatment of each case a separate continuous procesverbaalop, in which the names and places of residence or stay of parties and of hungemachtigden or counsellors, as well as the serial number of the case in the General Register and date of each hearing. In that report, subject to the provisions concerning affairs which are not subject to hogerberoep, all the mentioned at the hearing for fallen and all gewezenvonnissen. The President of the Court of Justice or the Court of first instance and the griffierondertekenen this report within twenty-four hours after each hearing twice or provision. If either the district judge either the Registrar in the impossibility is to the process-verbal sign, is the one that is not in the situation described, in that piece that daarvanmelding. If the President of the Court of Justice in the impossibility is the procesverbaalte sign, does this the oldest Member that has sat on the case. Regarding the Registrar of the Court of Justice finds the above paragraph shall apply.

Article 47

The judge is authorized, before finally deciding the case, a praeparatoire or a interlocutoire decision. For praeparatoir be held judgments and writs, which given his totinstructie of the case and tending to the process in a State of stress, without datzulks on the principal case of some influence can be. Be held for interlocutory judgments and writs with the Court, before justice, a proof, a research or instruction beslissingin, which recommends that the case itself may depend on.

Article 48

If during a pending lawsuit or outside actually to carry out a judicial proceeding by dekantonrechter legal act must be outside the jurisdiction of dekantonrechter that of the case or of, he calls to the intervention from stin of his counterpart, within whose area the Act must be carried out. He whose intervention is invoked, indicates that command a result and does the right with the command went out, as soon as possible a copy of the minutes of that command carried out hetkrachtens or bevondene. This statement has gelijkekracht at stake as the minutes of the judge by whom the contract went out.

Article 49

All judgments and decisions, which shall be annexed to the final judgment, are nietafzonderlijk put up, but only in the minutes of the session. The judgment, which the Court itself incompetent explains, is like a eindvonnisbeschouwd.

Article 50

Parties may of the judgments and the in the previous article in their case notes referred to inspect and obtain copies at their expense.

Article 51

If the decision has not taken place in a case concerning terminated not later than three months after the hearing and after hearing the public prosecutor's Office (wanneerzulks is required), have parties or one of them has the right to request a zaakwordt advocates. If the Court has determined, when the ruling will take place, and parties with one another in consultation on a settlement, they may ask the Court to postpone for a specified period of time deuitspraak.

Article 52

The judges must be at their deliberations officially the legal bases, which the parties were not allowed to have argued.

Article 53

Each sentence, which an oath is imposed, the Act matters, on which the eedgedaan; It is, if not in the presence of the counterparty or its delegate is pronounced, announcing its order of a court. If the party, to which an oath is imposed, does not appear on the deeedsaflegging for the given day and in the first paragraph for written zijgeacht the oath is taken into account, is to have refused, except her moving, where it proves to be prevented, under eenwettig prejudice.

Article 54

If there is a provisional requirement is done and the case so responsible if the Commission takes care of wise men, the courts have jurisdiction to on both at one and the same judgment ruling TODO.

Article 55

The provisional enforcement of judgments notwithstanding appeal or be ordered: 1 ° verzetmag. If the decision is based on an authentic title; 2 °. If the decision is based on a private writings, which is recognized by the one, tegenwie one has those professions, or that is held for de jure recognized; dezeerkenning is also adopted in case law is done by default; 3 °. If there is a conviction in a previous judgment, that not to the resistance or hogerberoep. It is left to the discretion of the judge, to give this command with or without bail.

Article 56

The provisional enforcement of judgments notwithstanding appeal or verzetmag be ordered with or without bail in cases concerning: 1 °. seal, unsealing or inventory; 2 °. urgent reparatiën; 3 °. clearance of the leased property, if there any written proof of existing, revamped ofverlengde rent is not present, or if the lease is terminated; 4 °. the appointment of sequesters, Commissioners and keepers; 5 °. the adoption of underwriters and achterborgen; 6 °. the appointment of guardians, curators and other administrators, and doing hunrekening; 7 °. years or benefits to living and in general satisfaction of using a sum of money; 8 °. all provisional allocations; 9 °. bezitrecht; and further into all those special cases, in which the laws have allowed this ofvoorgeschreven.

Article 57

If the Court has not ordered provisional enforcement, he is not meerbevoegd to this on closer verdict surely do, without prejudice to the right of parties that appeal, however.

Article 58

Provisional enforcement has not take place with regard to the cost, were already dieook in the place of damage and interest assigned.

Article 59

Who by judgment in the unsuccessful, was ordered to pay the costs. Mogende, however, costs in whole or in part be compensated between spouses, blood relatives in the straight line, brothers and sisters or aangehuwden in the same degree, together with if the parties over and over again on some points in it have been unsuccessful.

Article 60

At provisional, praepatoire and judgments is the judge competent to the judgment interlocutoire on costs to the final judgment.

Article 61

The condemnation in the cost must not be radial to: a. the cost of the hearing of the case and served writs, notices comparitiën; b. the cost of supporting documents; c. the write wages for advanced and given copies; d. the stamp duty; e. the costs of witnesses, experts, interpreters, who by their keepers, including swearing, and those of other judicial proceedings and operations; f. the costs incurred as a result of research into the authenticity or inauthenticity of writings; g. the cost of execution of the judgment. Such a of the costs referred to in the first paragraph if the district judge every time, during proceedings, also should determine the request by the party to whose the operation shall be made at the registry, advanced and transferred. If the Court ordered the operation ambtshalvebeveelt, he also referred, by whom costs must be advanced, without prejudice to the jurisdiction of the other party to in one or the other case this of their own accord TODO. If the parties are unwilling to the costs referred to in the previous paragraph for entevergeefs by the Court for that purpose giving notice to shoot, the ordered operation, unless dieverplicht is prescribed, and is-where required by the judge more detail on a particular hearing, which send a signal to parties-with the treatment of the case continued.

Article 62

In the judgment the amount of the costs incurred up to the pronunciation, for zoveelzulks possible, determined. If the parties themselves over the settlement of the costs, which are not listed in the judgment, or about that of the costs of enforcement can not understand, is the meestgerede party is authorized to request the amount to the district judge. The District Court ordered it, that the party to whose benefit the condemnation in the kostenwerd pronounced, within eight days at the registry of the District Court a notice of the haarverschuldigde costs available for inspection by the other party shall consult, and also stipulates the parties will be called dagwaartegen. At today the Court thus determined the amount of the costs, after trial of partijenvoor in so far as they have emerged, fixed, and does thereof, except in the minutes of the thing, also on the verdict notation. The adoption shall be governed by the existing rates and failing that, volgensbegroting of the judge.

Article 63

If after the last article in the establishing the State of the nognadere costs incurred costs and the parties about the settlement cannot agree, is the most diligent party to the Sub-District Court requests, the amount of the fee referred to in devorige two articles on the way to be defined.

Article 64

Lawyers and judicial officers, were allowed to go outside in their controls, and aldiegenen, which represents the interests of management, that their neglect, mogenpersoonlijk and is entrusted, in whole or in part from their own fair in totvergoeding the costs and even damage and interest, so to that end, grounds, be condemned, without those to stories on their principals.

Article 65

The verdict, such as the right to speak, that must include: 1 °. the names and residence of the parties, and the names of the agents or raadslieden if parties who have had; 2 °. the conclusion of the opinion of the public prosecutor, in cases where this is heard; and 3 °. the grounds of the decision, so what the act as the legal point, each individual, business, and the decision itself.

Article 66

At the conclusion of the judgment are mentioned the names of the judges, who ruled over the zaakhebben.

Article 67

The expedition or issuance of the verdict is without the cooperation of partijenopgemaakt, and contains, apart from what is mentioned in the previous articles: 1 °. the requirement, the answer and the conclusion of mutual claims and other than by an officer thereof held notes, the schriftelijkingediend; 2 °. a statement that the verdict is pronounced in public; 3 °. the day of the verdict.

Article 68

The clerks are required to at the request of parties to her as soon as possible expeditievan to issue the judgment, under penalty of compensation for expenses, damage and interests, indiendaartoe grounds.

Article 69

All judgments, which impose reciprocal obligations on both parties, or waaruitrechten and obligations for both parties or charged, doorelke party in its importance may be implemented.

Article 70

Praeparatoire and interlocutoire judgments and writs served need not be, unless pursuant to the provisions of the second book of this code to the other party under that story vangeldelijke obligations, which sentences to play, nodigmocht.

FIFTH SECTION

OF PROTECTION

Article 71

If the plaintiff to the answer of the defendant serving day after tehebben grounds to conceive of someone to claim protection, he is entitled to on the right, onderaanvoering of those grounds, to request the convocation of that person. The same applies to the defendant, that his request should do when writing fromreplying or at his oral answer. For assignment of the request determines the right in compliance with the daarvooraangegeven term a further day in court, where the lawsuit will continue, he engelast the notice of the deposit with simultaneous presentation of a copy of reply or of an extract from the minutes of the hearing as far as the degronden for the protection he does him shew out and landed itself from zijngetuigen to do and are supporting documents to accompany. This delay is unnecessary, when present at the hearing and to dadelijkantwoord the guarantee should be prepared.

Article 72

Where the application for protection on the aforementioned day in court is not done in the original case, wordtzonder delay voortgeprocedeerd.

Article 73

In the event of indemnification due to onderzetting or other rights in rem, is the power to waarborgaltijd the case of guaranteed; This is then outside procesgesteld if he this progresses before there is any judgment between him and his oorspronkelijkewederpartij is pointed out. However, it is guaranteed to stay in the process authorized to retain zijnrecht; may the other party of the claim, that guaranteed to retain his own degewaarborgde in the case continues.

Article 74

The verdicts against the guarantees, at the previous article mentioned, against guaranteed may be implemented. It is sufficient to say the verdict to the guaranteed, either he's outside the process, or that he has remained in the process, without any other requirement ofrechtsvordering is needed. What the costs, damages and interest, the settlement thereof, and detenuitvoerlegging not then against the guarantee; in the event of insolvency of the guarantee must be guaranteed, however, bear the costs.

Article 75

In cases of simple protection, the guarantee only, without the case of guaranteed to take over.

Article 76

In the event that the original requirement and that in order to protect at the same time capable of modes are done right, wordtdaarop joint; This is not the case, then the main thing when the initial plaintiff or defendant this progresses, separately decided.

Article 77

Who in respect of protection called, is for the right, for whom the initial case is pending, to litigate, even when he was allowed to deny warranty age up; But if it is clear that the original requirement is only done to him by subtracting zijneigen right, he is thither.

SIXTH SECTION

OF JUDGMENTS IN ABSENTIA AND OF RESISTANCE

Article 78

If the plaintiff fails to appear at meant rechtsdage, against hemverleend and the defendant in default of appearance of the instance fired, with reference of the plaintiff in cost. In this case, does not take place, but is the plaintiff entitled to opnieuwoproeping to request of the defendant, after prior payment of the cost of hetverstek.

Article 79

If the defendant fails to appear and the prescribed time limits and formalities compliance are taken against him in absentia is granted and the plaintiffs the right they tenware vorderingtoegewezen, unlawful or unfounded. Against the defendant, which replied in writing before or on the day in court, at the hearing in person, nor from authorized maarnoch appears, not default.

Article 80

The default is after the proclamation of the case on to the hearing; the article referred to in hetvorig may be held to regarding pronunciation prosecutors claim it sets outthe various hearing.

Article 81

If there is more than one in the same proceedings, the defendants are sued will act and not one appeared, in one and the same judgment granted default judgment against them.

Article 82

If more than one defendants one or more did not appear, the judge determines a new day in court, against which the parties once again appeared not to be sued. Between all the parties is then in the same sentence, hetwelktegenover all defendants as a contradictory pointed out is considered enwaartegen resistance is not permitted.

Article 83-7

By default judgments, unless provisional enforcement is ordered, not implemented, then over eight days after the notice to the party inpersoon or at its residence in the manner as provided for in articles 2, 3, 4 and 6 for the notice legislation.

Article 84-8

The defendant, who has been sentenced in absentia, has the power to do this. Hetverzet must be done within 14 days of the notice of judgment or power of organisation amongst them formatted or implementing them seeking to act inpersoon, or after committing the condemned by those of any act, where necessary, that the hetvonnis or begun implementation is known to him. Ofverblijft if the defendant lives in a different place than where the registry of the Court of first instance in Suriname, whose right of claim has noted, is located, the term is regulated by article 9. The defendant has no known place of residence or stay in Suriname, then first instance declaringa regulation of resistance amounts to five weeks. Outside the cases, in the previous paragraph, it is lodged an admissible appeal until the vonnisis implemented. The condemned, which is based in the judgment has, no more in opposition.

Article 85

The verdict is expected to be implemented: in the case of judicial enforcement on the movable property, after the sale; in the case of judgment under third parties to apply, after the payout on this to dearrestant; in the case of judicial foreclosure of real estate on the fourteenth day after deaanslag or the posting of the listed notes in articles 388 and 390; in the event of divorce or legal separation , after it to the verweerderaangezegd and made public in the manner prescribed by article 705, and both ninety days after the notice, as thirty days after the notice referred to in article 691 zijnverlopen.

Article 86

The opposition to a default judgment is brought on the method for deindiening of claims determined. The grounds of resistance may in the day serving mondelingworden.

Article 87-9

A default judgment, which ordered provisional enforcement is not niettegen a third may be implemented, then eight days after his notice to the inpersoon or defaillant in his hometown, and with submission of a statement of opposition to the verdict that clerks, in zijnregisters is not registered.

Article 88

The opponent, who for the second time by default let judgments, is not meerontvangen to make a new resistance.

Article 89

The cost of the default, including that of the judgment, together with who, welkeals a result of the non-appearance of the defaillant can be considered, at the defaillant lastevan, tenware this should prove that the convocation, at resistance to teverschijnen, not in the right manner and he therefore not published.

Article 90

The defendant, against whom default is granted, as long as for the benefit of the vonnisnog not pointed out is, the power to still serving today in straight to appear; thereby granted against him expired the consequences of default, except costs incurred in respect of dedaardoor.

SEVENTH DIVISION

OF NULLITY

Article 91

An exploit or act of Justice may only be void, if expressly ordered denietigheid.

Article 92

All that in articles 1, 2, 3, 4, 5, 6, 7, 8.10, 11, 12, 13, 15, 16 and 17 isvoorgeschreven, on pain of nullity, be taken into account. In the case of non-appearance of the defendant the Court may not grant default against him; the judge must condemn the nullity, proclaiming the plaintiff to pay the costs.

Article 93

If the defendant on the summons, and the invalidity of the exploit, or the courts to reject that plea, if such failure or violation is found, such that the defendant thereby in its defense is not at a disadvantage, and so that itself of the invalidity to operate. However, in those cases the judge orders, so to that end, grounds, the complement of hetverzuim or the improvement of the irregularities at the expense of the foreign service.

Article 94

The cost of puny instruments of Justice shall be borne by the lawyers or dedeurwaarders, which have allowed such deeds. Moreover, to require that legal servants are, therefore, liable for damages and interest; the rechteris even the power to them in this area in their job or to suspend operation.

SECOND TITLE

OF THE PROCEDURE

FOR THE DISTRICT JUDGE

FIRST DIVISION

PRIOR PROVISIONS

Article 95

Matters which concern purely staff or to movable property, are terkennisneming by the district judge, within whose jurisdiction the defendant is resident, ofindien there more defendants are, of the Court of first instance, within whose jurisdiction a hunnerwoonachtig is, at the discretion of the plaintiff. If the defendant is not domiciled in Suriname, the store in kennisnemingvan the district judge of his real residence; If his real residence inSuriname has not, state the case for information of the Court of first instance of the place of ofverblijfplaats of the plaintiff or of one of the plaintiffs. If defendants are unknowns or holders of shares in ofmaatschappijen money loans which are not on credit, is the case in the same way for information of dekantonrechter of the place of stay or residence of the plaintiff or of one of the plaintiffs. If the defendant public official, but in a different resort are woonplaatsheeft, the case for information of the district judge of that place of residence or that of the place, in which he carries on his activities, at the discretion of the plaintiff. If the claimant or defendant, Suriname legal person as her woonplaatsbeschouwd the place, where the President has its seat.

Article 96

In matters relating to real estate, to the notification within whose jurisdiction the competent dekantonrechter, good that the dispute is located, if the legal proceedings are initiated due to bezitrecht or due to claim on the property itself and again if the legal action is: 1 °. to such recovery to rented real estate, as is to be borne by the tenant; 2 °. for compensation for damage caused to the premises by the tenant; of3 °. to real estate clearance or dissolve the lease. If to welker on the judicial procedure, real estate, located within hetrechtsgebied of differentiated Canton judges, effected the summons to eendezer, at the discretion of the plaintiff. In cases of mixed nature, except as hereafter follows in matters of access to the competent vanerfenis, the district judge, in whose jurisdiction the property is located, or in whose administrative jurisdiction the defendant is domiciled, at the discretion of the plaintiff. In Affairs of membership or partnership is to the competent dekantonrechter knowledge of the place, in which it is situated, and after the dissolution, either the same kantonrechter, either the district judge of the place of residence of one of the liquidators. In matters of heritage: 1 °. due to mutual claims of the heirs to the Division of embedded, enwegens destruction of a created Division, 2 °. because of claims by creditors before the boedelscheidinggedaan des deceased should be allowed to be, en3 °. because of the implementation of decisions in respect of claims comparatively death, until the final judgment, the Court of first instance competent to the notification, within the wiensrechtsgebied legacy is open cases. In cases of bankruptcy is to the notification authorized the district judge, which has declared bankrupt the debtor has expressly accepted and whose pronunciation also rechtsgevolgenheeft; If the bankruptcy decision on appeal is pronounced, is to the kennisnemingbevoegd the Court of first instance, that the function of judge in that bankruptcy. In cases of protection is to the notification authorized the district judge, in whom the initial proceedings. In Affairs of doing account by a legally designated accounting officer istot communication authorized the district judge, who appointed him, and vanvoogden and curators, the District Court within whose jurisdiction the custody or guardianship, isopgedragen; or, in either case, the district judge of the place of residence of the plaintiff to the defendants choice. If residence is chosen, is to the knowledge of the competent district judge diegekozen residence, or the district judge of the actual residence des defendants, terkeuze of the plaintiff. In business because of costs and earnings, by lawyers or bailiffs gevorderdwordende, is to the notification authorized the district judge, within whose jurisdiction the incurred costs.

Article 97

A stranger should even if he does not keep his stay in Suriname, for the rechterin that region be sued in respect of commitments, by him against a ingezetenevan Suriname either in or outside the region.

Article 98

In business legal actions, or in legal actions of mixed nature, course-firm well in the petition at its location, and, as far as possible, at its name enaard.

Article 99

The personal legal claim is such, which topic has the performance of a personal commitment, from agreement or arising from the law. The business action is such, which the property of a certain case or or any other right in rem, and incertain. The mixed action is such, which at the same time, personal and business, namely protecting: the claim for acquisition of a legacy; that to Division; those to communication community; which to inherit from one another demarcation located. Article 100De procedure on the bezitrecht and on the right to the case (petitoir), mogenniet United.

Article 101

Providing a legal claim on the right to the case itself has set up, petitoir is not meerontvankelijk to bring a legal claim on the bezitrecht.

Article 102

If bezitrecht in business of the possession or the disorder is denied, the trial vangetuigen, that in that regard, it is ordered, does not extend to the right to the case itself (hetpetitoir).

Article 103

The defendant in cases of bezitrecht may be a legal claim on the right to the case itself cannot be set before the bezitrecht is over. If he has been unsuccessful in the last, he is in his aanzienvan the right to claim the case itself only admissible after completely to have met the tegenhem pronounced condemnation; ofvertraagd tenware the implementation of the judgment not remained true through the fault of the party, which had obtained the judgment; in this case, justice, whose information the legal proceedings concerning the right to the thing itself is competent to determine, over a period to which that action should wordeningesteld.

Article 104

If the defendant, after him the summons has been served, ceases to have on site residence ofwerkelijke residence, where the District Court sits, without aldaarvoor the further treatment of the case home to have chosen, all served writs pasted up on the main intended him verderevoor door of the Auditorium des judges necessary or a second copy served on the Attorney General this does this copy to forward the defendant as mogelijkaan However, in the latter's straight, without need to prove.

Article 105

On the day of the final judgment if one of the parties in the situation described in the previous shall have jurisdiction, in article 119, the award of the communication referred to by registered letter with service referred to sent to the Attorney General, who, if possible, to forward to the party does, however, in the latter's straight without need to prove, also becoming a copy of that service letter pasted up to dehoofddeur by or on behalf of the Registrar of the hearing room the judges.

Article 106

If the clearance is sought by real estate without the huurdereen written proof of existing, renewed or extended rent shows and to clear the plot in gebrekeblijft, the Court of first instance competent to on oral request of interested party, in accordance with article 8, the notice by the other party, even from hour to hour, and the Sunday embedded.

Article 107

The subdistrict court shall also have jurisdiction to deal with the immediate implementation of zijnvonnis to recommend evacuation in stock, notwithstanding appeal or resistance, with or without escrow on this at the minute and without other formality than the dieminuut display at home of the convicted party. Article 108De may thereafter without further notice or other clearance formalities by dedeurwaarder, assisted by two appointed for that purpose by the sub-district court witnesses, be implemented, subject to the service of the minute of the verdict within 24 urenaan the convicted party, and without prejudice to the implementation of the further contents of hetvonnis on the ordinary way.

Article 109

The plaintiff is entitled to up to the expiration of the case to change or reduce his claim, without however to be able to change the subject of the claim or to multiply.

SECOND DIVISION

OF THE RIGHT ENTRANCE, THE WEATHERING AND

THE VOLDINGEN OF THE CASE

Article 110-10

Each legal input for the Sub-District Court begins with a gerichtverzoekschrift to this, by the plaintiff or his authorized signed; the district judge handeltdaarmede as in this pool is prescribed. If the claimant or his authorized representative cannot write and in such other cases alswaarin to this end, in the view of the Court of first instance grounds, the plaintiff or zijngemachtigde the claim orally to the Court of first instance, which geschriftbrengt or does bring. This power to oral nomination does not apply to the delegate, which the purposes of lawyer's help job. The District Court shall have jurisdiction the plaintiff or his agent at the time of the submission of the claim to advise and help.

Article 111

The petition, or under, the second paragraph of the previous article opgemaaktgeschrift shall contain: 1 °. the name, forenames and address of the claimant and, if the request is done by eengemachtigde, the name, first names and address of that Agent; 2 °. the name, first names and domicile or residence of the defendant; 3 °. a designation and description of the subject of the claim and what gevorderdwordt, en4 °. the date of the application. The plaintiff who not living on location, where the judge sits, in residence or names of the parties there. If an agent has signed the petition, the Act of volmachtdaarbij be produced.

Article 112

Petitions, which does not meet the requirements laid down in the previous article, where the power of Attorney has not, or has been submitted to the claimant in person or to his authorised representative metmondelinge or written reasons to improve or supplement or proxy returned or sent terbijvoeging and nietaangetekend in the meantime, in the General Register. The oral presentation is first put in writing, after the plaintiff provides to the gegevensheeft in the last article requirements. Return decision has in the first place and the lidbedoelde annotation is omitted, if the application had to be submitted at a anderekantonrechter. If in this case the claim oral authority, the Court of first instance has jurisdiction to bring in with redenenomklede in writings to refuse disposal. Of decisions, in the previous paragraph, an appeal is allowed. The decisions adopted pursuant to paragraph 3 and to appeal the cases decisions inhoger in the General Register.

Article 113

Of the claim, the Registrar shall, without delay, note in the register. Tendage which that note has taken place, the claim is considered to have been brought. The district judge determines then the day and the hour, on which the case for hetkantongerecht will serve and does parties, in order then to appear, vergezeldvan the witnesses, do they wish to hear, and with the completion of the evidence, which they wish to operate. At the convocation of the defendant says the judicial officer or the competent person to exploit him by the presentation of a claim by the bailiff certified signed an also, that he desverkiezende before or on the day in court in writing signed by hemof, by his authorised representative may reply. The copy of the claim a person, received, if the initial claim. Of the decision referred to in the second paragraph of this article, the Registrar shall note in the register as well as the minute of the claim.

Article 114

In business, in which an immediate decision would be desirable and possible, is an oral dekantonrechter remit to the request of the applicant and if the defendant voluntarily with this appeared, immediately to the treatment and decision of the case.

Article 115

All notices, notices, notifications and in general all served writs, welkevoor the regular gang of the case are needed and at the end precede judgment, geschiedendoor intervention and by order of the district judge. Notices, notices or documents need not be given to them, dieblijkens the minutes of the Court, where the previous rulings or decisions taken to heteindvonnis, or bijgemachtigde were present in person.

Article 116

The district judge shall ensure the registration of the case on the role of the session.

Article 117

The handling of the case will be presented orally at the hearing, without prejudice to acquired entitlement of parties for by them or their agents or advisers to submit ondertekendeschrifturen. This handwriting as well as the claim and the answer, if it is submitted in writing, read out at the hearing.

Article 118

The Court of first instance shall have jurisdiction to hear, if he this for the good and regular course of the case necessary, parties to the case to give the necessary information, teondervragen and even her attention on the law and evidence, which they kunnenaanwenden.

Article 119-11

When both parties have appeared, the judge hears her over and over again, and, as much as possible, readily pronunciation. If the parties in the day serving any postponement requests, the Court justified this request, mitshet him, and determines the day in court, on which parties further moetenverschijnen. To the party, that is not personally or from authorized at the judgment or the communication of the decision at the hearing today, the Court of first instance the content of iedervonnis or decision by registered letter service by the Registrar. The date of this registered letter shall be deemed to be the day service, on which the communication has taken place. Of the communications and of the day, on which they have taken place, the Registrar Note at the foot of the judgment, or for so many voorafgaandevonnissen it to final judgment or decisions, on the edge () of the decision made at the hearing of the judgment or endorsement.

Article 120-12

All exceptiën must at the same time as the defense on the essentials are proposed opstraffe of decay of the nietvoorgedragen exceptiën, and, if not on the hoofdzaakgeantwoord, of the right to do so. However, heirs, which in terms vanberaad, and they who after dissolution ener community of goods in terms of deliberations, their defence to a job on it.

Article 121

If the decision is not rectified immediately can take place, the district judge who eendoor him to on certain day in court.

THIRD DIVISION

PROVISIONAL REQUESTS AND

OF THE PLEA OF LACK OF COMPETENCE

Article 122

If the applicant is a foreigner, which is not resident of Suriname, indienzodanige or stranger in a landscaped court case adds or intervenes, he is held, tenverzoeke of the other party and before in requires any defense or against straight say TODO, to provide security for the payment of the costs, damages and interest, in which he referred are zoukunnen. The party, which calls on security, shall not be deemed thereby acquired entitlement of the Court to his case take note to have recognized.

Article 123

In that case the Court determines the sum, to the evolution of which the guarantee must be provided and also notes, the manner in which the security is to be provided. The plaintiff or the intervening party has shown enough to own real estate in Suriname can increase the sum laid down to stories, then he may be content with allowing registration eenhypothecaire to the amount of that sum.

Article 124

He who is called before a judge, which is unauthorized to the dispute, may recover, knowledge that the Court itself incompetent explains.

Article 125

In the event that the Court has no jurisdiction if in respect of the subject des geschils, he is, even though the plea of lack of competence not suggested, ex officio shall declare onbevoegdte.

Article 126

In business, which already in advance for another judge brought between the same persons and are on the same topic, or by the same persons and overhetzelfde which are already subject to arbitral men are dedicated and are brought for them, or where the dispute to a case, which is already attached for another dish or be asked for scheidsmannenaanhangig, reference to that other court or to the named scheidsmannen. The reference must be reasoned and asked, on the dagvoor before all the execute of the weathering. Also the plaintiff is entitled to recover that reference, but only when doing the requirement.

Article 127

Where the same judge between the same persons and the same onderwerptegelijk Affairs are brought about or for the same court high rollers are brought magdaarvan accordingly merge business be asked and ordered.

FOURTH DIVISION

OF THE DISPUTES ABOUT AUTHENTICITY

OR INAUTHENTICITY OF WRITINGS AND

OF THE JUDICIAL RESEARCH BEAR

Article 128

In a case the judge is authorized to or at the request of parties, either of its own motion a judicial inquiry or its recommended to the authenticity or deonechtheid of a writings, which a party wishes to operate: 1 °. When the party, of which one claims to be a private writings written ofondertekend, denies this to have written or signed; 2 °. When the party, against whom one uses a ofgetekend written by a third party private writings, explains, the writings or the signature of the person, one whose claims he has this written or drawn, not recognizing; 3 °. When one of the parties claims, that a piece of false or falsified.

Article 129

A command, as in the previous article, should only be given If after debetwisting or non-recognition of the authenticity or the forgery proceedings, the party, which maintains that the document submitted, real and undistorted, and explains itself in hetgeding to want to operate. In the opposite case, the submitted piece outside the proceedings.

Article 130

At the command to set up a judicial inquiry on the authenticity or deonechtheid of the piece appoints the judge, as far as he does not readily kanverrichten research itself that, to this end, one or more experts. However, in so far as the parties at the hearing before the hearing are agreed in dekeus der experts, the courts have jurisdiction to be based.

Article 131

The disputed piece, certified by the judge and the Registrar, shall be griffieovergebracht and kept there; parties have the authority to inspect or copy of them into account or held.

Article 132

As piece of comparison may be assumed which the party concerned on load, or oral vóórzegging of the judge at the hearing, written. Non-appearance on the day for writing certain, or refusal to write kantengevolge have the recognition of the authenticity and the admission in the proceedings of the piece.

Article 133

Turns out the necessity to research making use of pieces, which are inhanden by public or other stakeholders, then welded the district judge, that those documents be presented or transferred for a certain hearing shall be made by the judge or on the set day and time and at the place where the gedaanzal are, on pain research that the public custodian of such pieces , which is, in the absence of constraint without valid redenin, and the others along the ordinary way of rights, will be daartoegenoodzaakt. Everything except allowing the means of constraint in respect of the latter, in case the right to this terms.

Article 134

In the case of pieces for comparison are not located in the place where the kantonrechter sits, he wears that research on to the District Court of the place where the holder is woonachtig; This District Court is competent to make orders as in the previous article isaangegeven.

Article 135

Bijaldien the writings not a portion of a register, the openbarebewaarder before the presentation or transfer a copy of the document, which compared against the original and signed by the District Court of his place of residence. Dezerechter does it process verbal format, indicating the rise to the manufacture. That statement explains the depositary at its original pieces or minutes, to act in place of the original piece or pieces, to the vanlaatstgemelde receipt; He has the power to them to deliver, with entry and issues from grossen ofthe thereof put up minutes. The costs are submitted by the party, which the disputed piece, to the depositary by the district judge to benefited, to whom the decision is due, amount budgeted.

Article 136

After the pieces have shown, the holders to the sight of the rechterovergelaten to command, that they in the custody of those pieces when doing the onderzoektegenwoordig, and this at the end of each session and each subsequent session necessary take back again, or to command, that the pieces to be placed in the hands of the Registrar.

Article 137

The right exhibits the denied pieces, or those which are not licensed or accused are vanvalsheid, to the witnesses, by whom they shall be authenticated.

Article 138

If the search for the suspect the authenticity of the submitted piece vanvalsheid forgery against still living persons created shall send the right destukken to the prosecution official. The pending civil case remains in that case suspended until after the decision in the criminal case.

Article 139

When the civil judge at the alter of the alleged forgery, the discard, tear up or strike through, in whole or in part, or even improving and in ordebrengen of false or falsified documents stated recommends, the implementation of this point of the sentence suspended until after expiry of the term of appeal or request-civil or totdatde condemned the judgment is based.

Article 140

The verdict, which decides about the authenticity or inauthenticity of the betwistegeschrift, also notes the term, within which, and the manner in which the documents produced by the parties, witnesses or keepers need to be giving back.

FIFTH SECTION

OF WITNESSES

Article 141

If the parties do not agree about the Act and the hearing of witnesses to the judgment of the case can lead, in the cases, in which the proof by witnesses not yet authorised, the district judge or at the request of one of the parties, either on its own initiative, to datverhoor immediately or, if necessary, on a specified day in court. The Court of first instance defines the term, which between the notice and the appearance of medegebrachte to the non serving day witnesses must expire and carries the summoning of degetuigen on to a served writs to make competent person.

Article 142

Adducing evidence is legally free. Uitsluitendter assessment of the Sub-District Court subject to consequential, standing, reasons, has this trial first place after the interrogation of the afloopvan for the proof heard witnesses.

Article 143

In the event that the witnesses cannot be shown on one day can be heard, determines the kantonrechtervoor further questioning a further day and hour and shall communicate to the yet to hear witnesses, store-without new convocation, on the particular day and hour to appear at the hearing.

Article 144

The Court asked to each witness name, surnames, profession, age, together with enwoonplaats or he to parties or to an its in the blood or by aanhuwelijkingbestaat and, if so, to what degree, and whether he her pay-or house-servants.

Article 145-13

Each witness is heard separately at the hearing either after both partijentegenwoordig or not, on pain of nullity, an oath, in accordance with the law, on this subject at the whole truth and nothing but to mark will say. If a witness, which has not changed, refuses an oath than welfare statement, is the Court of first instance competent to recommend, at the request of the belanghebbendepartij that he at the expense of that party for the ingijzeling time of not more than three months, he was allowed to meet his obligation now to tenware or dekantonrechter in the case final judgment should have pointed out.

Article 146

The witness explains his statement, without a written essay to mogenbedienen. The Court of first instance is competent for particular reasons, however, the witness, in regard to its Declaration of those writings or written notes it to use, that will hijveroorloven.

Article 147

Parties may not in reason the witnesses. Parties may specify the Sub-District Court questions, which they wish to have done to the witnesses; the District Court is not echterbevoegd not relevant questions and to ask yourself to do. The Court of first instance may, either ex officio or at the request of one of the parties confront each other, getuigenmet.

Article 148

Of the witnesses makes the Registrar written report containing of the assignments, traversing an oath and the statements of the witnesses as a whole. This report is on each witness read out for that portion, which hembetreft. He may make such changes and additions acquired therein, if he sees fit; they are under or on the side of his testimony written down. Also this is to hemvoorgelezen. The witness must then sign his statement; If he can not sign, an indication to that effect. The police report is completed and signed by the District Judge Walker and the Registrar.

Article 149

In business, which in the law are decided, the contents of the certificate and of witnesses not in the minutes of the case. However, the judgment must indat case, apart from the mention of the statements of the witnesses and of the traversing deeed or the promise, the summary content of the oral statements made.

Article 150

The party, which is more than five witnesses on the same fact has heard, should the costs of further testimonials to her other party does not.

Article 151

The district judge condemns the witness, who despite decent convocation nietverschijnt, to pay the costs and welded again employed in vain to his summons. The witness remains in default to appear once again, then he is the second male to veroordeeldin the cost and employed in vain to make good damage, caused by his stay away aanpartijen. The judge shall have the power to command, that the public power diegetuige for him. If the witness proves, that he not published by legitimate reasons prevented isgeweest, to be on the particular day to appear, the Court shall not relieve him of the convictions against him.

Article 152

He who does not living or not residing on site, where the district judge zittinghoudt, cannot be forced to testify for that right teverschijnen. In the case of non-appearance of a summoned witness as referred to in this paragraph, may not be pronounced deswegeeen condemnation against him. In such case calls on the Court of first instance are counterpart, in whose jurisdiction degetuige resides or resides, the statement of the witness to take off and copy of the formatted minutes after them. If the foreign witness is domiciled or resides, is entitled to the kantonrechter to a designated authority of the country of his residence or to request the hearing verblijf30plaats to keep up, or to that trial to contribute to the Surinaamseconsulaire officer, to whose jurisdiction the place of residence or stay of that witness. The process-verbal of witnesses this has equal force as that of the Surinamese judge. A request or command as referred to in this article may also be uitgeloktzonder prior notice of the witness.

Article 153

In the case of non-appearance of a spot, where the session is held, resident ofverblijf on witness due to illness or other legal impediment, the Court of first instance to the Registrar, incompliance, accompanied by his home or place of residence, in order hetverhoor to take off. Of this trial, in which parties may nowadays, is procesverbaalopgemaakt.

Article 154

The contents of the processes mentioned in the preceding articles shall be read out terterechtzitting to parties, if not at the interrogations have been present.

Article 155

Subject to the provisions regarding witnesses, not residing or not stay please enter site, where the District Court sits and for as many layoff, leave of absence, death, or some other such cause the prolonged nature ziektevan not necessarily eenrechter, who must not disclose the witnesses attended, work up to the decision on the case, in which that trial is held. Of the deviation from this rule and the cause is in the EAFRD contribution for judgment. The necessity of the derogation is assessed exclusively by the judge who applies her, without any provision against it.

SIXTH SECTION

OF JUDICIAL PROCEEDINGS AND TOUR

Article 156

If the Court or at the request of the parties or on its own initiative, its either a zulksnodig eight, he is competent to investigate itself, accompanied by the Registrar, to go to the place or the goods have been delivered to either integrating or sightseeing, either until the hearing of witnesses ofdeskundigen. The Registrar shall inform the official report of the case, in which the operation is ordered.

Article 157

The Court may at the site of the operation and ordered after hearing of parties, insofar that, if necessary, after proper notice appeared, immediately decide. In business, subject to appeal, the Registrar written report metovereenkomstige content as that for the hearings is prescribed. In business, not subject to appeal, acted as in article 149.

SEVENTH DIVISION

OF EXPERTS

Article 158-14

If the District Court finds that the case by an investigation or inclusion should be explained by experts, he is authorized, with clear definition of the subject-matter of the investigation or inclusion, such, at the request of parties or eenharer, or on its own initiative, and also day and hour, which they in terechtzittingde oath or promise to regulate by law on this subject in accordance with the ,. The Court of first instance carries the investigation or inclusion on to three people at the hearing before the ruling, unless beidepartijen requests, that this is only to one expert maggeschieden. Parties are before the decision an opportunity to agree about dedeskundige or the three experts, what they wish to see appointed. Further delay to a day in court to ask parties to agree on the matter, then this is not allowed, unless justice conceive that rise to delay does not exist.

Article 159

By order of the Court of first instance, the command and the object of research ofopneming to the named persons became redundant with load to at certain rechtsdage teverschijnen. If a named expert before that day, the judge pointed out that he receiveth not debenoeming, or if he fails to appear at the specified hour and day, appoints dekantonrechter on designation of parties or on its own initiative at the time of certain rechtsdage another enstelt he further appearance. The Court of first instance shall have jurisdiction to hear the nominee, who, after traversing an oath, not to condemn the command completes, totvergoeding of costs, damages and interest.

Article 160

At appearance of the experts at certain rechtsdage asks the district judge hunhun names, first names, profession, age and place of residence, together with parties or whether they meet together its in the blood or by aanhuwelijking exist, and if so, to what degree, and whether it is her pay-or domestic servants.

Article 161-15

The experts put on pain of nullity, an oath, in accordance with the law on this subject at, they will inform the right to the best of their knowledge.

Article 162

After traversing an oath determines the district judge or the experts hunverslag oral or written subject. In the first case they are either opdezelfde or a specified day in court at the hearing or at a place designated by the Court heard in the presence of parties or after it pretty zijnopgeroepen; Parties may by intervention of the right questions. Calls for the judge a written report, he shall determine a term, the experts their binnenwelke by majority vote, reasoned enondertekend report to him. In case of difference of sentiment allowed the population within each region using the existing grounds in feelings reported; however, may be what the personal sentiment is not mentioned by any derdeskundigen.

Article 163

Before their report, the experts see the pieces of the tergriffie procedure and they may ask the Court, their further information; dezedoet for parties on any given day for him to appear.

Article 164

After receipt of the report determines the district judge a fuller day in court, which he shall report to the parties does. Before that day, each party is authorized to request the right to do dedeskundigen on a further day in Court today, to which request the hearing gives rechterzoveel possible. On that day, the report be read out and parties get their observations and to the experts--so they are present--questions in this area. The report is not submitted within the period specified, then each party has the rechtom to request orally or in writing to the district judge, constraint to speak out against expert, to whose fault the delay is. The Court decides about this after verhoorof summons of all experts.

Article 165

If the Court in writing or orally report the required information in the nietaantreft, he is, ex officio, the authority to in both cases to the experts ofmondelinge written explanation or addition to recommend or to appoint other experts, to whom devroegere have to give explanations, such as the later experts deem necessary.

Article 166

In business, which in the law are decided, the contents of the oral report not entered in the minutes; However, the judgment must, except when the tasks of the experts and the traversing of the oath or affirmation, desummiere content of the oral statements made.

Article 167

The judge is not required to the sentiment expressed by the experts to follow, if his belief is fighting against it.

EIGHTH SECTION

OF QUESTIONING ON ISSUES

Article 168

Parties may request the hearing one another on relevant and not otherwise totiets relative question points heard. If the other party is not present, the stated facts recognizes the interrogation.

Article 169

The right is accurate after or the question points to the dispute fairly. He regards as such, which he the trick questions, on the side; He is also qualified to present eight, so he daartoetermen, the hearing of the Party entirely.

Article 170

If the judge allows hearing parties, he does her, that they appear at the hearing, day or tenbepaalde ure in order to question points to be heard.

Article 171

Where to hear the party is domiciled or resides elsewhere than where the Court sits, the judge, after hearing of the party to have allowed, authorised to dekantonrechter of her place of stay or residence to authorize.

Article 172

The party in person, without any written replies to questions, essay read, on which the Court of its own motion pursuant to the judgment or her also. The party, which has asked, should the trial today, as well as agents or counsel for both parties. The requesting party or its agents or counsellors are competent to judge only by intervention on the subject mentioned in the question, the answers given to other MemberStates asking it to do; in case of resistance by the other party, the right to refuse, without the power to ask that any provision is permitted.

Article 173

The boards of public institutions, foundations and moral eenhunner members to point out on the bodies to them asked facts and issues to answer; they should tedien end a special burden, where the answers given and true verklaardzullen; This charge may are read out. The party remains responsible to directors of such institutions, foundations and zedelijkelichamen about facts, which concern them personally, to do hear; the right daaropzoveel eight saves as he believes belongs to.

Article 174

The formatted minutes of interrogation by the Registrar is to read deondervraagde; This has the power to make such changes and bijvoegingente in it do, if it considers necessary. These are recorded at the end or on the side of hetverhoor; This is then read and signed by him/her. The procesverbaalwordt finally completed and signed by the judge and the court clerk.

Article 175

If, without legitimate foreclosure, the party does not appear, or if it refuses to sign teantwoorden or her answer, reported in the minutes; the judge is competent to translate Affairs, on which the questions run, to keep voorerkend. If, however, the party is still not published before the decision of the case tenprincipale to log on, it may be heard, under obligation to pay the costs caused by her stay away, together with damage and interest, so daartoegronden.

Article 176

In the case in the day to hearing determined, to hear the party of legitimate foreclosure blijkendoet, determines the right another day for the trial.

Article 177

The points given by the party to the question responses to be only in the aanhangiggeding; they may under no circumstances be regarded as a recognition relative to other matters.

NINTH WARD

OF INCIDENTAL CLAIMS

Article 178

Incidents are in writing or orally at the hearing.

Article 179

All incidental claims are done at once.

Article 180

The cost of dezulke, which subsequently were allowed to be done and which already existed at the same time as the former deoorzaken, shall not be recovered.

Article 181

The incidental claims are first decided in advance and, if the case zulksmedebrengt. For so many the case permits, determines the right when deciding on the incident also, how with the handling of the case continued.

TENTH DEPARTMENT

OF COUNTERCLAIM

Article 182

The defendant is entitled to claim in recoventie to do except: 1 °. If the plaintiff in a quality and the counterclaim Convention occurred in persoonlijkzou concerning him, and vice versa; 2 °. If the Court; for whom the requirement in Convention is pending, is to get them into account of the counterclaim with respect to the subject matter of the dispute; 3 °. in cases of bezitrecht, if the counter-claim the right on the case itself (petitoir) zoubetreffen; 4 °. in cases of difference on the implementation of a judgment. If not done at first instance a counter-claim is, should this be done more in higher beroepniet.

Article 183

The counter-claim should readily at the response from the defendant in conventieworden done.

Article 184

The business-Convention and counterclaim at the same time be accomplished and at a enhetzelfde final judgment if the judge decides, tenware, that the one earlier than the other should be dismissed, lasting nevertheless the then still unfinished requirement in Convention or inreconventie pending until final judgment therein.

ELEVENTH DEPARTMENT

OF THE SUSPENSION AND THE RESUMPTION OF THE LAWSUIT

Article 185

The judge suspends the course of a judicial proceeding because of: 1 °. the death of one of the parties; 2 °. change in the individual State of one of the parties; 3 °. the stop of the relationship, in which one of the parties to the action.

Article 186

Suspension of a judicial proceeding has no more place if treatment terterechtzitting already left off.

Article 187

The stakeholders share on the right as soon as possible enwoonplaats the names of the person or persons to whose or whose names the proceedings on the laatstegedingstukken can be resumed.

Article 188

In that case the Court determines or on its own initiative the day and time on which the proceedings will be resumed and does terterechtzitting parties in order then to appear.

Article 189

If on the convocation of the resumption of the legal proceedings in absentia is granted, the judge declares the lawsuit nevertheless on the last documents relating to a case pieces.

Article 190

The resistance against a judgment given in default, as in the previous article mentioned, is on deterechtzitting.

TWELFTH SECTION

BY ONTKENTENIS OF JUDICIAL OPERATIONS

Article 191

If during the course of proceedings, in the name of one of the parties, enigeaanbiedingen and zijngegeven permissions, approvals have taken place, adopted and accepted, without that party a and certain schriftelijkevolmacht given, this power to such operations at the Court in ontkennenen to request him to decide, that those actions will be considered as not committed endat all ensuing contacts of the complaint , and judgments, pointed out to the case responsible of wise men, be explained by onwaarde.

Article 192

The Court determines the day and time on which the Court will serve, the one whose deeds and doetde negative party and be denied, calls in order then order for distribution to teverschijnen, with the latter a copy of the application.

Article 193

In the event the person whose deeds be denied, d., the convocation betekendaan his heirs.

Article 194

The ontkentenis should always be brought to court for what the ontkendwordende operation in straight, even if the case, in which it occurs, is pending for another judge.

Article 195

The judge let the other party of the negating party in the main action in the ontkentenis calls and gedingvan to her a copy of the application to ontkentenisuitreiken.

Article 196

The proceedings in the main action is on pain of nullity, suspended until the vonnisvan ontkentenis.

Article 197

However, the judge is empowered to recommend to the negative party, the proceedings by him within certain specified time vanontkentenis; failing that is justice in the judicial proceedings on the competent to ontkentenis right to do.

Article 198

If the ontkentenis not a matter on which a judicial proceeding is pending, the requirement for the competent court of the defendant.

Article 199

If the ontkentenis is explained properly, also the ontkendeverrichting and the judgment the Court explains that it should be pointed out, or which in the provisions of the judgment relating to the points on which the ontkentenis, void and by onwaarde.

Article 200

However, in the case already Bijaldien final judgment has fallen and the term of hogerberoep has not expired, is the party entitled to the invalidity of the acts and judgments to do in the previous article how to pronounce in appeal and the principal case TODO.

Article 201

However, the final judgment is delivered in the highest administrative jurisdiction or has acquired the authority of a, then the injured party, even during the implementation of Justice, competent to that it has pointed out, the repeal of such claim. Pending the proceedings thereon, the execution of the judgment is suspended.

Article 202

The agent, against whom the claim is assigned to ontkentenis, daartoegronden, are, to the plaintiff and to the other party to pay the costs, damages and interestenverwezen. If the plaintiff in the unsuccessful, he is condemned to reimbursement of costs, schadeen interest, so to that end, grounds.

Article 203

If one of the parties denies, that the lawyer of her daartoeopdracht has received for her occurred, the provisions of this section applicable.

THIRTEENTH SECTION

OF JURISDICTION-QUAESTIËN

Article 204

Jurisdiction-quaestiën, before the day determined for the pronunciation is aanhangiggemaakt, through a petition to the Court of Justice. The application shall, by order of the President of the Court of Justice, served to the other party, with notice to it, within fourteen days, serve answer, tergriffe by the Court of Justice in writing. The party, which is resident outside the place where the Court sits, or names of the parties or the answer in at the registry of the District Court of his place of residence. The Registrar of the District Court holds to the foot of the petition or answer notes from the day of the surrender, on which day the piece is supposed to have been filed, and sends it to the Court of Justitie.De course of the judicial proceeding is deemed to be suspended from the day of debetekening, mentioned in the second paragraph of this article.

Article 205

After receiving the reply and in each case at the end of the time termijndoet the Court of Justice and points, so for that reason, the right to take the dispute further, that of knowledge.

FOURTEENTH DIVISION

OF DOING AWAY FROM THE BODY

Article 206

The plaintiff is entitled to under payment of the cost of the body, mitszulks shall be made before the answer. After the answer may have the distance only with the permission of dewederpartij. If the plaintiff turned to doing distance by a delegate would doenvertegenwoordigen, it must be of a special power of attorney.

Article 207

The distance automatically: 1 °. all that over and over again in the same State is reduced as the case was before deaanhangigmaking; 2 °. that the party, which has renounced, is obliged to pay the costs, which are zijmag forced on the only edict of the Court, stated at the foot of dewaardering of the cost. This edict should be implemented in stock.

FIFTEENTH DEPARTMENT

OF DROPPING THE BODY

Article 208

All instance shall lapse if the case within three years time is not continued.

Article 209

The time, until the expiry of the authority requires, runs against the land, the openbareinstellingen, minors, and, in General, against all persons, without distinction, except the story of all the eerstgemelden against their administrators and guardians.

Article 210

The instance does not expire by operation of law.

Article 211

The right explains the authority to expire either on its own initiative, or on a petition, but not to hemgericht then after on his last, in so far as persons invited to attend are the parties at the hearing appeared, are heard. The cancellation of the instance does not destroy the set action, but only hetaangevangen judicial proceeding; the cost of the last, as a result of that revocation, for offset.

Article 212

Resetting the action the parties entitled omwederom over and over again using the eden, court erkentenissen and statements, by her in the course of the last judicial proceeding, together with the statements of gestorvengetuigen, when this turn out properly formatted reports.

Article 213

By dropping the body obtains the judgment on appeal, inberoep, which has the force of res judicata.

SIXTEENTH SECTION

OF INTEGRATION AND OF INTERVENTION

Article 214

Everyone who has an interest in a judicial proceeding, pending between other parties to claim to add may isbevoegd.

Article 215

This incident is made before or at the hearing to serving day on which waaropde treatment of the pending lawsuit ends.

Article 216

The request shall be made, giving the names and place of residence of the person, which merge oftussenkomst progresses, and of the grounds on which the claim is based.

Article 217

The Court, the decisive incident, recommends parties to litigate and bijhetzelfde judgment determines the day on which they must appear at the hearing to that end.

Article 217a-16

If any of those who were parties to a collective agreement, relating to the provisions in article 13 of the law on collective agreement in eniggeding wish to insert or to intervene in it, he will be able to do this in each stand derzaak, without any leave or incidental decision is required. He is gehoudenzijn intention to do so, however, at the registry of the District Court in writing within a period of at least three days off for that list. By dezekennisgeving does the Registrar as soon as possible parties by registered service letter to degedingvoerende communication.

THIRD TITLE

OF THE PROCEDURE BEFORE THE COURT OF JUSTICE,

ADJUDICATING IN FIRST INSTANCE

Article 218

On the legal proceedings at first instance before the Court of Justice found the provisions of second title shall apply mutatis mutandis.

Article 219

In the cases, in which oral recitation of the claim is admitted, zijmondeling nominated to the President of the Court of Justice, which in her writings doetbrengen.

Article 220

The President brings about the interrogation and examination. The other judges may ask questions to the parties, witnesses or experts. President gives to them on their desire to speak.

Article 221

The public prosecutor has the power to be heard on the hearing today and wordtalsdan, unless the Attorney General already has been involved as a party in the case.

Article 222

The public prosecutor in that case either immediately after the parties takes over and wederzijn heard and submitted handwriting are read out, either on a certain nadereterechtzitting to its conclusion.

Article 223

The parties or their agents or their counsel may, under any pretext, after the conclusion of the public prosecutor, the word. Only they may simple notes for reproof of facts, in which zijoordelen that the Prosecutor erred, ready to hand to the President immediately afterwards.

Article 224

The Court shall be responsible for the hearing of witnesses, the beëedigen or hearing of experts, the provision of an inclusion, a viewing or an inquiry into the authenticity of ofonechtheid writings to a supervisory judge and resident bijaldien bedoeldepersonen, or keep, at the place in dispute is situated or the pieces by comparison serving elsewhere than where the Court of Justice sits , to the Sub-District Court. In each case the parties are given the opportunity at the tegenwoordigte research and thereupon to be heard, which they ordered by the judge, who keeps the investigation, are called.

Article 225

Of the operations of the supervisory judge or district judge as in the voorgaandartikel, makes the Registrar written report. The district judge shall, as soon as possible, a copy of the police report to the Court. This copy has equal force if the minutes of the Court.

FOURTH TITLE

OF THE SUMMARY PROCEEDINGS

Article 226

In all cases, in which under immediate emergency, an immediate voorzieningwordt required, either with regard to the enforcement of a judgment or a executorialetitel, either with regard to the obligations of notaries to the stand over only wettelijkeakte, which no reprieve can suffer, and Furthermore, in all cases, in which the importance of parties enigeonverwijlde the unit from stock progresses, the interested party to dekantonrechter with request for a decision in that case as soon as possible in stock or herself. Unless the parties voluntarily appeared in the Sub-District Court recommends the convocation of dewederpartij or its particular day and hour; in the event of a major emergency on Sundays. The district judge may order that the hearing even will his house account.

Article 227

In the latter case, the district judge oral charge to a bailiff to doing of the convocation, which mentions this in the head of his exploit.

Article 228

If the District Court that the case without large or irreparable disadvantage uitstelgedoogt, or that they are not susceptible to be explained adequately in the interlocutory proceedings, it refers parties to the ordinary mode of Justice.

Article 229

The decisions when stock stretching not to the detriment of the principal case.

Article 230

The subdistrict court shall be responsible for implementation of its decisions recommending bijvoorraad, with or without bail, notwithstanding objection or appeal.

Article 231

The opposition is on a regular hearing.

Article 232

Against any decision of the Sub-District Court in summary proceedings on appeal is allowed.

Article 233

The minutes of the decisions in summary proceedings of the Court of first instance are registered at the registry in a separate register; they are submitted by the district judge and the griffierondertekend.

Article 234

If this is necessary in the interests of the case, the Court of first instance competent to recommend detenuitvoerlegging of his decision in summary proceedings at the minute.

Article 235

The time limit for lodging an appeal, whether the judgment can be enforced whether or not bijvoorraad, is 14 days, counting from the day of deuitspraak or of those of the communication of the Registrar, to the appeal made at the regelingvan awards.

FIFTH TITEL17

BY JUSTICE IN EXCHANGE AND NAVAL AFFAIRS

Articles 236-239-18

Expired.

Article 240-19

The district judge shall have the power to the holder of a non-geprotesteerdewissel or payment order Bill to grant leave to attachment on the movable goederenvan the tractor, the merchant and the endorsers. Equal leave may be granted to the houdervan a check, which the non-payment by protest or equivalent statement has been determined, thereby on the movable property of the tractor and the endorsers.

Article 241-20

In Naval Affairs or in cases which thereby gave its right, if there are parties, which have not, permanent residence in Suriname, and again in business because of ship rig, ship inventory, a rating, timmeringen, and anderezaken which are zeilree to ships which immediately require the unit from stock, the convocation day days hour by hour to be done, and is by default immediately decided.

Article 242-21

All convocations, to board ship operated for a skipper, officer ofscheepsgezel, or for a passenger, are of value.

Article 243-22

If distribution at avarij-grosse should place, shall appoint the experts, district judge tenverzoeke of one of the parties if the parties about the choice not even zijngeworden.

Article 24423

The captain or, in the absence of that, the ship's owners have been held, to within eight days after the experts, either by parties or by the Court of first instance are appointed, tergriffie of the District Court: 1 °. the manifesto of the load, containing the number, the names of the goods, marks and numbers of shippers, inladers, and that of those, to whom the goods are returnable; 2 °. the State and the size of the ship and the cargo earned. In the same time, the owners of the cargo value, which at the registry consult a State of the goods as at the time of the load as at the time of the discharge. The parties must do the truth of the content of the haarovergelegde pieces with oath or solemn declaration to confirm.

Article 245-24

After the experts are sworn, the Registrar at the registry their the nedergelegdestukken against proof of receipt. The experts go to the distribution at avarijgrosseover according to the requirements of the commercial code, even then when a derpartijen not have deposited at the registry if its pieces.

Article 246-25

The experts provide their report with the clerk of the Court in documents received by them. The first of these homologation by the requesting party asks district judge, which, properly called, napartijen heard or decided.

Article 247-26

In order to be able to do a job on the 589, 739 and 781 in the articles of hetSurinaams commercial code set limitation of his liability, is required at the registry of the District Court of dereder the place, where the ship was posted in hetscheepsregister, for the benefit of the creditors referred to in those articles, the bedragte deposit, in those articles. The judge in the Sub-District Court Commissioner.

Article 248-27

The Registrar without delay announcement of the new deposit in one or more newspapers designated by Justice Commissioner. The notice shall indicate the name, residence and the Office of the owner, the name of the ship, also the name of the Sub-District Court judge tergriffie and the amount deposited.

Article 249-28

Within eight days from the date of submission of its request, the applicant shall submit to the clerk a lijstneder of the persons known to him, opposite whom he considers responsible themselves according to articles 589 781 of the Surinamese, 739 and commercial code on the restriction of zijnaansprakelijkheid.

Article 250-29

The court-appointed receiver then determines a time limit whose expiration deschuldvorderingen, before the necessary modest accompanied, at the registry should be returned, as well as date, time and place in which he will proceed to verification of claims, including the corresponding rights of priority. These decisions shall, without delay, submit to the Registrar gives knowledge to alleschuldeisers letters, mentioned on the list referred to in the previous article, as well as to the applicant; He voortsdoet announcement in one or more designated by the supervisory judge newspaper.

Article 251-30

After expiration of the time limit referred to in the previous article makes the Registrar a list of claims, which are returned, indicating the action overgelegdebescheiden. This list is for at least eight days before the intended dagter registry for authentication in free access to each one.

Article 252-31

On the set day keeps the supervisory judge, assisted by the Registrar, a public hearing for verification of the claims. He does to the list of ingeleverdevorderingen for reading. The shipowner and any creditor may oppose the recognition of a vorderingof of a right of priority.

Article 253-32

The supervisory judge shall have jurisdiction to hear claims, submitted after expiration of the time limit referred to in artikel250, at the request of the creditor, to the verification. The request must be allowed, if the creditor outside of Suriname endaardoor prevented lives was rather to sign up.

Article 254-33

Claims and rights of priority which cannot be disputed, as erkendbeschouwd. Recognition of the note in the minutes of the session and on the list referred to Article 251.

Article 255-34

In the event of a dispute, the court-appointed receiver parties so he refers them to a certain kanverenigen, not sitting on the District Court without daartoeeen notice is required. Appears that the creditor, verification calls, not on a particular hearing, he considered his application, in so far as it danwordt is disputed, having withdrawn; He appears diede dispute did, not, then he is deemed her and acknowledges the claim or the right priority.

Article 256-35

If the creditor whose claim or priority right is disputed, not tervergadering is present, the clerk gives him knowledge of the dispute immediately enverwijzing. The creditor must at stake on the lack of that notification nietberoepen.

Article 256a-36

Appeal of the judgment must be lodged within 14 days after the day on which it is pronounced. The Registrar of the Court of Justice communicate the decision of the Court without delay to the Registrar of the District Court concerned.

Article 37-256b

On the verification of claims is sitting in any creditor entitled omjustificatie of the amount paid by the shipowner and the voldoendheid there by tebetwisten. The judge determines, in the event of a dispute, the day on which the kantonrechterdit will handle dispute.

Article 256c-38

On the particular day, the parties or their agents in open terechtzittinggehoord, after which the district judge decided. It in article 256a shall apply.

Article 256d-39

After the meeting, or, if this gave rise to disputes, irrevocable is decided, the Registrar makes a State of partition on which enonderwerpt to the approval of the judge. The supervisory judge may appoint an expert to the clerk at the format. He states his wage.

Article 256e-40

Approved by the supervisory judge State of distribution is over fourteen days at the registry of the District Court in free access to the same treatment accorded to those creditors, who are recognized. The deposit gives the Registrar by registered letter knowledge to these creditors; any of them may, during the period mentioned at the Court of Justice against the State vanverdeling in opposition by turning in a reasoned objection tergriffie of the District Court. After expiration of the term, the Court of Justice gives its decision after it has heard or properly do deschuldeisers calls. The convening notice shall be made by the Registrar bijaangetekende letter. Once the condition of distribution by the official receiver or, if timely resistance has been declared enforceable isgedaan, by the Court, the Registrar of the District Court of deschuldeisers by registered letter on, any amount attributable to him in receiving items. The State lies become enforceable after the Declaration at the registry of the District Court in kostelozeinzage of stakeholders.

Article 256f0-41

The cost, from the application of articles 247-256e resulting, at lastevan the owner, subject to the application of articles 60-64 on the proceedings, which are a consequence of reference by the judge pursuant to the first paragraph of article 255 and article 256b.

Article 256 g-42

Articles 248-256f continue to apply if the owner declared in a State of faillissementwordt.

Article 256h-43

Articles 247-256 g are likewise apply if the carrier job does the limitation of his liability under articles 590 and 740 of the Surinamese Penal Code of Commerce. In the application, where there is the shipowner, the carrier indiens.

SIXTH TITLE

OF PROROGATION OF JURISDICTION ON THE COURT OF JUSTICE

Article 257

In each for appeals to the Court of Justice, in which dispute settlement ofcompromis susceptible can take place, it is for parties are free, provided that on this subject at zijndeoverengekomen, a deed that dispute at the start of the proceedings to obtain a copy of the Court.

Article 258

Guardians, curators or directors are not excluded, provided that the obligations imposed by law to them in achtnemende.

Article 259

In these lawsuits, the requirements in respect of the legal proceedings in the Courtof first instance shall apply mutatis mutandis. The Court decides in the first and highest resort, subject to request-civil, if daartoegronden.

SEVENTH TITLE

OF THE LEGAL PROCEEDINGS IN APPEAL BEFORE THE

COURT OF JUSTICE

Article 260

Parties are entitled to appeal to the Court of Justice to come out of the vonnisof of the decision of the Court of first instance in a case, in which this no different than in the Courtof has held.

Article 261

He founded has in a judgment, it is no longer admissible in one set hogerberoep.

Article 262

Of a conviction in absentia is no appeal, but if the oorspronkelijkeeiser of the judgment on appeal, the defendant entitled to all his verdedigingeninsgelijks appeal, even by way of occasional job; He may danechter of the center of resistance against the decision at first instance by default no longer use. In the case referred to in article 82 is the lagging party is authorized to engage in hogerberoep, so long as they advance in stock-should be allowed even when the voorlopigetenuitvoerlegging also not-against security, at the vonnisvoldoet.

Article 263

Of the judgments and decisions, which shall be annexed to the final judgment may be appealed at the same time, preceding slechtshoger with the occupation of the final judgment. This job is receptive, even when those judgments and decisions without reservation of the one, who partly loaded eight, have been implemented.

Article 264

Appeal from a judgment, which is not in stock can be implemented, not be admissible if it is submitted within eight days from the date of the decision; as long as dedaartoe time limit has not yet expired, it must be repeated. The execution of judgments, which are not in stock can be implemented, during this eight days suspended. The time limit for an appeal is 30 days, counting from the day of judgment or, if the claimant appealed to that statement not present, of the day on which it was notified in accordance with this code heteindvonnis. The Court is empowered to, in special cases, the time limit referred to in the previous paragraph and deadlines specified in articles 271 to 277.

Article 265-44

The term of appeal of decisions taken by the District of judges outside own corpse rechtsgeding is thirty days, counting from the date of disposal. If the applicant in job when giving or communicate the decision has been niettegenwoordig, the period referred to in the previous sentence to run of the day, waarophem its content are communicated.

Article 266

In the event of the death of the losing party during the course of the term for appeal, her heirs or her assigns authority to the job in order within thirty days after the death, or, if they make use of the right of reflection, within thirty days after the end of the period.

Article 267

The defendant in appeal is entitled to by his side, on an occasional basis to appeal, mitsop the manner and within the time limit determined in article 274. Distance from the principal job does it set occasional job do not expire.

Article 268

The appeal suspends the execution of the judgment, if not at voorraadmag be implemented.

Article 269

The appeal from the final judgment, unless the contrary is required note thereof uitdrukkelijkhet, as a result, that the higher court also becomes aware of and oordeeltover the previous judgments and decisions to that judgment.

Article 270-45

The appeal shall begin with a statement, that one of that resource utilization by the plaintiff in wilmaken, job or his authorized – at the registry of the kantongerechtafgelegd or submitted in writing. If a delegate declaration, he is obliged to submit to the Act vanvolmacht, unless the Act was previously produced or the mondelingter session was granted power of attorney. Of the distance covered or the Registrar without delay notation declaration submitted keeps in registry, stating the date, on which it is made or received. That notation is not then after payment to the Registrar of the cost for deaanzegging, for the service of the pleading and the submitted documents and for the convocation, referred to in art. After appraisal 277a, desverlangd by the Court. The date referred to in the first sentence of the previous paragraph, applies to the calculation of the term of appeal as time of the statement.

Article 271

With or after the statement, where an appeal is brought, but in any case within the time limit of thirty days, the appeal is the appellant or his representative a signed statement incompliance, accompanied by such a modest as he guessed, overt or to submit to the Registrar of the District Court, that of the reception alsvoren annotation in place.

Article 272

When outside the cases in law ordered the provisional implementation of eenvonnis is, is the appellant entitled to in a separate petition to the Court of justice the request to do so, that the execution is discontinued; the Court gives the other party on short-term calls in order to be heard.

Article 273

After the pleading is received or the deadline for submission has passed, dekantonrechter without delay to the other party does, under notice, that an appeal, eenafschrift meaning the pleading and of the submitted documents. If under those modest such, which, at the discretion of Justice, due to their size or otherwise, not eligible for transfer, h right sufficient to notice, that they introduced at the registry available for inspection by the other party.

Article 274

The other party or its delegate is authorized to dagtekeningvan within 30 days after the notice of job to submit a statement in the same way with zodanigebescheiden if they guessed. At that Memorial should they make the statement or do, that they, too, for its part, wishes to inhoger. The Memorial is considered as non-submitted, if not interested in the submission to the Registrar has to prepaid cost of debetekening such as the appellant, after appraisal desverlangd by the Court. Of the receipt of the documents and of the statement, that occasional job wordtingesteld, the Registrar in place as forward note in the General Register, however, with the exception of the last paragraph in the last phrase of the planned case.

Article 275

After the response is received, the district judge shall, without delay, of the submitted documents, afschriftdaarvan and subject to the provisions of the second paragraph of article in this respect 273, meaning to the claimant in appeal. If the answer is the subject of an appeal, the plaintiff has occasional job in job eentermijn of fourteen days to on the occasional job to answer. Copy of the response on the occasional job and of the verderebescheiden, which were allowed to accompany her, having regard to the provisions in force as required by article 273 if the occasional advance-claimant in job. If the incidenteelverweerderbij the presentation of the statement to the Registrar not the cost of the service, after appraisal by the judge desverlangd, prepaid, is the pleading as non-ingediendbeschouwd.

Article 276

At the latest within fourteen days of the receipt of the response from the defendant or inberoep, if occasional job is sent by registered mail, of the response from the incidenteelverweerder, or after the expiry of the period for the submission of that toegestanetermijnen, the Registrar shall send the handwriting to the case relative pieces, with it in the case opgemaakteproces police reports and a copy of the judgment as well as an excerpt from the note in the registergehouden of appeal to the Court of Justice.

Article 277

The appellant is entitled to during or after the statement that he has come on appeal, and at the latest before the Registrar the documents relative to the case to the Court of Justitiegezonden, to do an annotation in the register, that he terterechtzitting his case by the Court of justice by a lawyer wants to do. Bevoegdheidkomt equal to the defendant after the notice of appeal established. Dieaantekeningen gives the Registrar of the canton's justice to the other party and to the Court of Justice in aangetekendedienstbrief knowledge.

Article 277a-46

Within eight days, after the case relative to the pieces, the opgemaakteproces report in the case and a copy of the judgment as well as an extract from the registry held in general note of appeal by the Court of Justice have been received, determines dePresident of the Court of Justice, the day and the hour, on which the appeal for the Court of Justice will serve and does , with inachtnemeing of the terms of Convocation, prescribed by or pursuant to articles 8 to 13, parties in order then teverschijnen. At appearance of either party or of one of the Parties requested the Court of Justice determines the defaulting parties or of the parties to the non-appearance of beidepartijen appeared, of its own motion the day and the hour, which possibly pleas will be held, the public prosecutor will be heard or the ruling will take place.

Article 278

On appeal a new requirement should not be done unless the cases are: 1 °. of interest, annuities, rent and other aanlegverschenen or zaaksgevolgen, since the judgment of first; 2 °. of costs, damages and interest due to suffered since that judgment; 3 °. a requirement for Council. The original defendant may, however, mitsdeze a new exclusion of rights, defense on the yield and mainly wasn't an issue in the first instance zijngedekt. The Court is however entitled to him, even though he is on the main issue in the assimilated, to pay the costs, caused by not presenting are in good time.

Article 279

On appeal, Articles 122 and 123 no different than subject to the following provisions: the original defendant, plaintiff becoming on appeal, is not obliged to hetstellen of the security referred to in those articles. The defendant in appeal nor held for that purpose, not even when setting vanincidenteel job. The security lodged at first instance remains connected for the cost of the hogerhogerberoep.

Article 280-47

The appeal the Court shall, after hearing the public prosecutor, if, having regard to the provisions in article 221 the desire to be heard has to kennengegeven, without trial on the pieces, but it is the Court free to, before heteindvonnis, a local or other research, or an interrogation of parties or witnesses presentation of any evidence, then welled up, as well as in accordance with the provisions of the sixth-order title of the fourth book of the Surinamese Civil Code eeneed to one of the parties. The Court shall have jurisdiction to hear such research in whole or in part to circumstances, same with analogous application of the provisions for the administration of Justice in first aanlegbestaande, or to the right in first instance or to the rechterter site where the research must be carried out in whole or in part. In any case, Parties shall be provided with an opportunity to tegenwoordigte the investigation and thereupon to be heard; they are ordered by the judge, who keeps the investigation, called up.

Article 281-48

If the parties or one of them signified the desire to terterechtzitting the case by lawyers to do advocacy, the Court, before it ministeriete hear, a public day for oral argument. In that case the Court determines the hiervoortoekomend pay to the lawyers, which according to conditions under the court costs magworden understood.

Article 49-281a

Save as otherwise provided in this title not expressly to the contrary, the provisions of section I of this book also on appeal applicable.

Article 282

If a judgment, which the Court of first instance has declared itself incompetent, nietgedaan, refers to the higher court, the decision on the main case to the same court, tenzijbeide parties, that the appeals court the case to itself.

Article 283

The judgement of the higher court is laid out in the ordinary forms and pronounced. The Registrar of the Court of Justice shall send a copy of the judgment, in executorialevorm put up and signed, grosse dedaarop, called as soon as possible after receipt of cases and costs to fall, with the procedural documents to the first judge.

Article 284

All decisions of the Court of Justice on appeal are becoming regarded alsop contradiction to be pointed out.

Article 285

The implementation has in all cases at the Court, which ruled at first instance. The Registrar of the Court of Justice shall nauwkeurigaantekening in the appropriate register of the business, which on appeal from judgments of the Canton wordenaanhangig judges. The note should contain the names of the parties and the date of the judgment, defendant of the exercised appeal, the occasional judgments and final judgment on appeal.

Article 286

As soon as the judge's ruling at the District Court on appeal is received, the Registrar by registered service letter to parties, that that statement to him isingekomen. The convicted party is authorized, as long as the grosse, daarvaninzage and at the registry is based on its cost by the Registrar a certified copy tevorderen. Of the decisions on appeal shall be held in the General register.

EIGHTH TITLE

OF RESISTANCE BY THIRD PARTIES

Article 287

Any third party has the power to oppose a judgment, which are rechtenbenadeelt, if he neither in person nor legally represented, or if the party, which hijvertegenwoordigt, not in the judicial proceeding is called, or not by of partijis intervention.

Article 288

This resistance is done by means of a petition to the Court, which pointed out the vonnisheeft and the resistance must assess. This judge is doing the parties, hetvonnis, between which calls in order to be heard.

Article 289

If such judgment is relied on to a third party in a judicial proceeding and the verzetdaartegen is set to the foot of the previous article, it is for the judge, for whom datrechtsgeding pending, free to, if there are grounds for so doing, to allow the suspension of hetrechtsgeding, until the set resistance will be decided.

Article 290

The judge, who has a resistance of a third judge, is authorized, if daartoegronden, the implementation of the attacked to suspend judgment, until the resistance zalzijn decided.

Article 291

In legitimation of the resistance is the judgement, against which this has been addressed, to the extent that only improved, as the resistance in the rights of the third has disadvantaged, unless hetonsplitsbare of the cases decision a whole destruction necessary mochtmaken.

NINTH TITLE

BY REQUEST-CIVIL

Article 292

A judgment on contradiction in the last resort, and that which, on verstekgewezen, no longer susceptible to the resistance, withdrawal is susceptible, on the request of him, that party or is called for the following reasons: 1 °. If the decision is based on discovered after the verdict, in the proceedings of the other party; 2 ° committed cheats ofarglist. If the Criminal Court an imposed oath stated falsely made, unless hetgeldt the decisive oath, in article 1950, 1 Sranan Tongo Civil Wetboekbedoeld;., of 3 °. If decide it is about business, about which a decision was not required; 4 °. If more than was required; 5 °. If failed is about one of the components of the claim to decide; 6. If, between the same parties on the same grounds and by the same judge in the highest resort are pointed; tegenstrijdigevonnissen 7 °. If in the same verdict against conflicting decisions; 8 °. If the case is on pieces, which after the verdict for false recognized or declared false; 9 °. If after the verdict holds pieces of decisive nature, which doortoedoen of the other party were withheld.

Article 293

Minors are in their request for such a revocation receptive, if not defended.

Article 294

If only ground is to ask for recall of a portion of the judgment, zaldat section only be revoked, unless the other parts of the judgment of which depend on it.

Article 295

The request must be made within three months of civilian the day, on which the verdict, about which one complains, is pronounced or so this by default is, from the day when it is no longer susceptible to the resistance. This period starts in the case of article 293 first time in on the day of the age of consent.

Article 296

In the event of the death of the losing party during the course of the term are her heirs or assigns for request-civil jurisdiction to such request within three months after the death in tedienen or, if they make use of the right of reflection, within one month of the end of the period.

Article 297

If the request-civil based on falsehood, deceit, bad faith or discovering other new pieces, run the terms only by the day, on which either the falsehood, hetbedrog or the bad faith either known, or the pieces discovered, provided that, in the latter cases, bijgeschrifte that day can be proven.

Article 298

If there is a conflict of judgments, the term since the pronunciation of the last judgment, or, if this by default is, from the day when the not more susceptible for resistance.

Article 299

The request is submitted to the same judge-civil, which the culprit heeftgewezen judgment. If the culprit is presented in a case pending judgment for a andererechter, this authorized, into the circumstances, with the treatment of those stored on punched or to suspend her.

Article 300

The application in which it is referred, the request-civil, on which it relies; means other than these may not on the hearing or in writing, be argued.

Article 301

The request-civil prevents the implementation of the culprit judgment is not and also not by a court order from dezemag.

Article 302

If the request is approved, the civil verdict revoked and are parties in the same State, in which they were before the verdict; which tengevolgevan the condemnation, at the verdict pronounced, enjoyed or receiving, wordenteruggegeven. If the request-civil is adopted on the basis of conflict of judgments, the decision ordered, that the first judgment only.

Article 303

The dispute on the substance on which the verdict is revoked, is conducted for the same judge, who sentenced the request about civil.

Article 304

A second request for request-civil is neither against the judgement on the request-civielgewezen, nor against the verdict, which, following the adoption of the first request, the case tenprincipale has decided, is admissible.

SECOND BOOK

OF THE ENFORCEMENT OF JUDGMENTS

AND AUTHENTIC INSTRUMENTS

FIRST TITLE

GENERAL MEASURES

Article 305-50

The Gandhi of judgments in Suriname may be implemented throughout Suriname; they must enter at the head the words: "In the name of the President!". They are served on the person himself, or at his place of residence, or in the manner in articles 2, 3, 4 and 5 prescribed.

Article 306-51

1. Decisions by foreign judges or courts, arbitration awards or in strange Statentot come about there past authentic instruments, and to determine, at staatsbeluit in foreign States come about other executorialetitels, may not be implemented in Suriname, except in cases under uitdrukkelijkbij or treaty or law. 2. In cases, as in the first paragraph, has obtained only after a opverzoekschrift implementation enforcement in accordance with the procedure laid down in articles 312b-312h. The case itself is not reviewed. 3. In other than the cases referred to above can be treated again at deSurinaamse right and the proceedings dismissed.

Article 307

A judgement, of which the provisional enforcement is not ordered, against one-third may not be implemented and need not to comply with that third than at least eight days after the judgment or, if the party, which has been unsuccessful, niettegenwoordig was, at least eight days after its done and, pursuant to article 119, second paragraph, with presentation of the Declaration des clerks, that, as is clear from its registry, hogerberoep against the verdict has not been registered.

Article 308

The delivery of the verdict, whose implementation one desires, to the bailiff, authorizes this in that case to make the entire execution, resulting from that judgment, with the exception only of those at constraint, to which a special power of Attorney is required.

Article 309

Disputes over enforcement of judgments must for the District Court, unless the knowledge brought to the Court of Justice expressly is dedicated.

Article 310-52

The Gandhi of authentic instruments may in whole Surinameworden past in Suriname implemented; they must enter at the head the words: "In the name of dePresident!". The provisions of the second paragraph of article 305, paragraph 1 of article 306 and 308 and 309 articles are thereupon shall apply mutatis mutandis.

Article 311

It is for the execution creditor of a judgment or authentic instrument smoking, tegelijkertijdbeslag the movable and on the real estate of the condemned or verbondenpartij.

Article 312

wederspraak or resistance of the executed Salem the commencement or the continuation of deexecutie not; the executed is, however, entitled to interlocutory decision thereupon.

Article 53-312a

Batter should not be placed on goods intended for the public service.

FIRST TITLE A54

THE FORMALITIES REQUIRED FOR THE

IMPLEMENTATION OF IN FOREIGN STATES

ESTABLISHED ENFORCEMENT ORDERS

Article 312b

1. the leave for enforcement as referred to in article 306, paragraph 2, prompting bijverzoekschrift to which the provisions of the second division of the second title of the first book of apply mutatis mutandis, insofar as in this title are not isafgeweken. 2. To obtain a copy of the request for enforcement are, at the option of the plaintiff, authorized both the District Court where the other party of deverzoeker, as the District Court where the implementation the amendment goes.

Article 312c

1. To the application in an authentic copy of the decision or the authentic instrument produced, in addition to the pieces which can be fixed, that is dezeuitvoerbaar in the country in which it is given or past. 2. The district judge can legalization of the copy of the decision or the authentic akteen of the other documents referred to in the first paragraph. He can also demand that the decision or the authentic instrument and the other overgelegdestukken be translated into Dutch, and that this translation certified wordtverklaard, either by a sworn translator admitted, either by eenbeëdigde in Suriname translator allowed in the country in which the judgment or authentic instrument or past who, either by the diplomatic or consular representative in Suriname vanbedoeld country. 3. Documents produced at ongenoegzaamheid of the applicant shall be given the opportunity totaanvulling.

Article 312d

1. the Registrar draws on the petition the day of receipt and shall forward without delay a copy of the application and letter peraangetekende of the behorendestukken to the other party by the applicant. 2. The district judge determines then the day and the hour, which serve the case before the kantongerechtzal, and does parties, in order then to appear, accompanied by degetuigen, do they wish to hear, and with the completion of the evidence, which they want to operate. 3. The district judge, if a calling party does not appear, further calling staff were helpful and friendly. 4. The treatment takes place in chambers. At the end of the trial, the kantonrechter readily pronunciation; If this is not possible, he announced, when this will take place.

Article 312e

1. The decision of the District Court is under penalty of nullity reasoned necessary or in public. 2. The decision, which the enforcement is granted, can be explained at voorraaduitvoerbaar, notwithstanding appeal, even at the minute, without-based securities. Article 305 where applicable. 3. As to costs, the provisions of articles 58, 59, 61, 62 and 63 analogy.

Article 312f

1. The decision of the Court of first instance is not prone to resistance. 2. Parties are entitled to appeal to the Court of Justice. Article 265 from supply shall apply mutatis mutandis. 3. Find articles in case of appeal, 312d, 312c and 312e apply mutatismutandis.

Article 312 g

Disputes on the implementation of decisions or authentic instruments, welkeovereenkomstig this title has been declared enforceable, be brought in the District Court of the place of enforcement.

Article 312h

1. the provisions of this title shall only apply, as far as a treaty or eenbijzondere law no different facilities. 2. The provisions of this title shall not apply to decisions or statements of other vanvolkenrechtelijke organizations or international or supranational bodies.

SECOND TITLE

OF JUDICIAL ENFORCEMENT ON

MOVABLE PROPERTY

FIRST DIVISION

OF THE ATTACHMENT OF MOVABLE PROPERTY

Article 313

Repossessions on movable property may only be placed from power of eenvonnis or of an authentic instrument in enforceable form. Laying mash needs are preceded by an exploit of a bailiff, within two days to the judgment or order to the Act. If the meaning of the judgment or of the Act also prescribed isgedaan, the command will be doing a separate command is not required. At the command or the service he must execute, that late, up to the end of deexecutie have place or choose to Paramaribo, on pain of nullity of the exploit. To this place of residence all service done, even from really offer, vanverzet and appeal.

Article 314

In the event of non-fulfilment of the command may be seized. The batter is made bijexploit of the bailiff, who holds the piece, which is to be enforced. From that exploit should show, that the order to meet which, for which it is beslaggelegd, is repeated. The bailiff should be assisted by two witnesses, whose names, job enwoonplaats he must mention in the minutes; These witnesses must sign the copies and oorspronkelijkstuk fellow.

Article 315

This attachment may only be laid for a particular debt or claim. If dezeniet has been applied, all further proceedings discontinued, until the settlement is done.

Article 316

If the person, against whom the seized is not immediately charged or with what, for which the seizure is made, with the cost, is the usher for the time being, either in the House or incompliance to the door of the arrested, depositaries, in order to prevent embezzlement of goods.

Article 317-55

The bailiff goes immediately or no later than the following day over to the more bijzondereaanduiding of the property, which he and she describes it accurately in the daarvandoor Act or record, indicating their number, weight and measure, in accordance with their nature; the party, which the seizure lets do, take the nemenniet nowadays. Bijaldien the doors are closed or the opening thereof is refused, equal medebijaldien is refused, only room or piece of furniture to open, and also if the person, against whom shall be assessed by the batter is made, there is no one found to have him join at tevertegenwoordigen, the bailiff is the official designated for that purpose by dePresident, in whose presence the opening of the doors and of the huisraadwordt. The presence of this official uitkracht in his presence, and from those of this paragraph, and by the following three articles has been made, mention in the minutes of seizure, which, after it is closed, partly due to ondertekendwordt him.

Article 318

If there is reasonable suspicion exists, that seize property is situated a third of a rented or otherwise obtain place in use such that for guards preventing access to the collaboration of the third remains necessary, the bailiff, in case vanweigering of the person, against whom the attachment shall be made, or of the third to the doors, which give access to the place to open, such as, in the second paragraph of the previous article is provided. Metweigering is equivalent absence after proper summons to personally or from authorized teverschijnen to open the doors. The bailiff is empowered to now by the stellenvan to prevent, that a depositary of the place something is taken away. The third is the bailiff on presentation of the title, taken from hetbeslag, which effect indication to do of the rented or otherwise in use gegevenruimte. He, who of the hiring or otherwise in use, referred to in vorigeleden, a company makes, if desired, the bailiff is mandatory inspection of the registerof the pieces, in which the users are listed. Of the moment, that the bailiff turned to the third has used to to dein beslagneming under this article, this may be the same, against whom the batter is done, grant no more than taking up space in the presence of the bailiff. At dispute over any obligation of a third "menu option in the officer belongs, learn how he can act without delay, to turn to the Court of first instance, without prejudice to acquired entitlement of the arrestee and the third a ruling of the Court of first instance, shorten proceedings, whether or not to ask. The third sentence of the first paragraph to find this application.

Article 319

When the third party does not meet him only at the second, third, and fourth member of obligation hetvorig article, he may be sentenced to payment of the bedragder claim, for which the batter is placed, with the interest and costs. The damage, which the third suffers through the opening up of doors, is, if this is not aanhem due is reimbursed by the arrestee, except him, the story of this on the party, against whom the attachment shall be made, if appropriate soils are present. The third is entitled teverlangen, which, prior to the opening up of doors is passed, States a security for the payment of the compensation due him. The bailiff and the official, in the second paragraph of article 317, are totgeheimhouding required concerning the contents of the register and the documents referred to in the derdelid of the previous article; However, what the party against whom the attachment shall be made, otherwise, for zoverniet is required for the proper performance of their duties to this matter.

Article 320

If, on the seizure must be found, the number and requesting tokens coins mentioned are; the bailiff brings them with all the worth hebbendepapier at the registry of the District Court on the attaching party, tenware and the geëxecuteerdebenevens the opponents, if that, on another place of custody should have agreed to. If, on the seizure other papers are found, is the deurwaarderverplicht which to seal.

Article 321

The attachment of movable property, for whatever reason, should not be done: 1 °. in business, what properties by destination; 2 °. on the necessary bed and bedding of the persons, against whom the batter is done, or vanhun at them resident children, and on the garments with which the former and hunkinderen dressed and covered; 3 °. on the equipment of people in military service according to their service and grade; 4 °. on the tools of artisans and workmen, to their personal bedrijfbehorende; 5 °. in the House on the existing stock of food and beverage, ministering to the need of the family for a month.

Article 322

Likewise should not be batter: 1 °. on the books relatively to the profession of the person, against whom the batter is done, up to a value of two hundred gulden, chooses; 2 °. on the implements and tools, serving to giving any education, ofbeoefening of arts or sciences, to a value of the same sum and zijnerkeuze; 3 °. Finally on one cow, goat, pig or two, or two or four sheep, in choice of genes, against whom the batter is done, with the required feed veegedurende for that one month. However should be listed, in this article, is taken up: 1 °. because of necessities provided to the person, against whom the batter is done; 2 °. because of the monies owed to persons, who have manufactured these objects, restored ofverkocht; 3 °. because of rent and leases of immovable property, in or on which the reported business on-hand.

Article 323

The minutes must contain indication of the day and the hour, on which the confiscated goods will be sold. If that task not readily case the bailiff do this with exploitnader and no later than within six days after the prescribed format of minutes.

Article 324

The bailiff must appoint an appropriate custodian. To keeper about the good may not be appointed the attaching party, zijnechtgenoot, his blood or marriage to the 6th degree embedded, nor its attendants; on the other hand, may, with the consent of the attaching party, the person against whom the beslaggedaan is, his spouse, blood or marriage and roommates, when they agree with, to custodians are appointed.

Article 325

If animals or agricultural work or fruit t or anderevoortbrengselen of agriculture, which already from the ground are separated, are seized, the Court of first instance have jurisdiction at the request of the attaching party and after interrogation ofbehoorlijke summoning of the executed, to appoint a suitable person, in order for the development, collection, processing or preparation.

Article 326

The official report is instantly on the site itself; It is on the original and on the copy signed by the keeper. If he can not draw, an indication to that effect. Copy of the minutes is him. The minutes of seizure is served on the person, against whom hetbeslag is done, or at his residence. Bijaldien this is not present, debetekening is done to the Registrar of the District Court.

Article 327

The depositary may not use the seized property, rent or loan, under penalty of loss of his custodian fees and compensation for damages and interest, he can be forced to pay which produce constraint.

Article 328

If the confiscated goods only benefits or income voortgebrachthebben, he is on the same way as the previous article is defined to verantwoordingverplicht.

Article 329

He who claims to be owner of the seized goods or a gedeeltedaarvan, is entitled to object to the sale by submitting a request to the District Court, within whose jurisdiction the seized. The right does all the parties and shall decide as soon as possible. The plaintiff who in the unsuccessful, to this end, bijaldien reasons, sentenced to compensation for damages and interest to the attaching party.

Article 330

The creditors of theno, whose goods are seized, may also from welkehoofde, not even under rent, do than any other opposition against issuing the buy tokens. That opposition must be done before the sale and moetbehelzen the grounds on which it is based, the course of the sum for which it is done, or if that course is not decided or settled, the amount on which the opponent her treasure. That opposition must be served to the attaching party and to the verkoopbelaste officer, with choice of residence in the district, in which the batter is laid or welte Paramaribo; everything under penalty of nullity of the opposition and damages against the bailiff eninteresten, so to this end terms. Oppositiën, which after the sale have been served, are void and be the distribution of onwaarde and not taken into account.

Article 331

The opposing party may only set his claim against the party, whose goods are confiscated, and obtains against her judgment; against the opposing party should not wordengeprocedeerd otherwise than in the investigation into the legality of his deverdeling on the occasion of oppostie the tokens.

Article 332

If a bailiff, which batter wants, is, that the goods already have been seized, he is not authorized to seize once again; He may, however, the seized property with the minutes, which compare him to that end by debewaarder should be displayed. In that case he should still seize the property, which in no way constitute the minutes are understood and to the first attachment command do to allesgezamenlijk to sell within the time limit determined by article 335; the report vanvergelijking is regarded as opposition to the issue of the sale pennies.

Article 333

If the attaching party fails, within the time limit set by article 335 to create sales, every opponent, which has an enforceable title, qualified to go to the overt comparison of seized goods on the copy of the procesverbaalvan seizure, which the custodian is obliged to exhibit to him, mitsgaderstot the addition of the objects , which at the former zijnopgeschreven, and not in seizure immediately afterwards until the sale of the goods; everything after doing a bevelbij exploit to the attaching party, without, however, there is a requirement to subrogation advanced.

Article 334

If the attaching the batter, or if it is in its regard, out of which hoofdeook, outside the case of nullity in the form, is lifted, the batter stand houdenten to each opponent, which has an enforcement order; such opponent than the previous article described in competence. The right of all other opposition members on the distribution of the sale remains wijdersin the cases at this tokens and the last item, Unabridged.

Article 335

The sale of the confiscated goods should not place than after expired, the ten days and must be carried out within 30 days, counting from the day vaninbeslagneming; in both cases, under penalty of compensation for expenses, damage and interests. This period may be shortened or extended by mutual consent of the parties, if there is such a enopposanten are, or also by an order of the district judge.

Article 336

The sale must be held in public on the place of the seizure itself, unless the parties otherwise mutually and the opponents were allowed to match or dekantonrechter at the request of any thereof, and if the circumstances zulksvorderen, another more appropriate place if. At the location of the sale, on the indication of the place caught on notes, day, and hour of the sale, together with the nature of the objects, but without certain piecemeal description thereof. The notes are also excited to the House of the executed. The uptake of the notes must be made after the conclusion of the police report or nahet exploit in the second paragraph of article 323 listed, and at least four days before the sale; tenware the Court of first instance that term may have shortened.

Article 337

The sale is, unless the amount of the confiscated goods apparently distribute less than four hundred guilder amounts, moreover, if possible, announced in a nieuwsbladvan the place, where the sale is to take place. The sale is on site, where he should be, promulgated according to local use in voluntary sale. The bailiff keeps at the foot of his minutes of batter degedane attack of notes and notation of the publication in a newspaper, if this had heeftplaats.

Article 338

Silver or gold may only be sold, if the strength and weight daarvanzoveel feasible.

Article 339

The sale is held by auction and the allocation shall be carried out on the finished meestbiedendeen against payment. The bailiff is entitled to claim, that each bidder offered him the purchase price ready to hand; He should keep this sum among themselves until the object is assigned. Sets a bidder after the claim referred to in the previous paragraph the offered purchase price to dedeurwaarder not in hand, his bid was not accepted and that person is no longer as gedurendede entire auction bidder allowed. If the bailiff has used the toegekendebevoegdheid and him at the second paragraph there, after a bidder at fault the commandments available to purchase price to dedeurwaarder, a higher bid is not obtained, the highest bidder, whose bid is accepted, it is him and held it right assigned. In the absence of payment will be immediately re-sold well at the expense of the assigned him, aanwie.

Article 340

If the value of goods seized in the course of which, the seizure happened and for which oppositiën are complete, does one nietverder than to sell which adequately is to publish a necessary amount for the payment of debts. To this end, the debtor, against whom the batter is done, have the power to order to include comparative advertising, according to which the goods are to be auctioned.

Article 341

If under the seized property be found inschulden, the titles or documents of which it turns out, may be passed to sales of such inschulden, evenalsten respect of other movable property is provided, do you, in so far as such opeisbaarzijn, inschulden at garnishment be litigated, in the same manner as at the next Department legislation. This attachment is in all cases notified to the third verbodvan payment to the debtor, with geëxcuteerde, on pain of onwaarde of the payment made.

Article 342

If inschulden must be omschrevenmet of contents of the titles on the notes the amount of inschulden, of the names of the debtors, the nature of what might be in for titles, pensions determined, and what to do should their value further.

Article 343

The bailiff is responsible for the sale treasure; He must in his processes-verbaalde names and residences of the buyers. He is likewise required to buy treasure market, at the registry of the District Court on tenware the parties on another place of custody should have agreed to. He may not conditiën in the veil, that the buyers have to pay a certain portion above dekoopschat, either under the name of costs or otherwise. He should receive nothing above the price, for which it sold well.

SECOND DIVISION

EXECUTION GARNISHMENT

Article 344

The batter on inschulden, which the third party has executed, or opgoederen by third parties hold him, which, should, in addition to the ordinary requirements vanexploiten, content and the choice of residence on site, where those third lives, do teParamaribo, with order to the attached party among themselves, on pain of onwaarde degedane's payment or delivery. With a copy of the exploit is to the third party debtor issued copy of hetvonnis or of the instrument permitting its enforcement, the implementation of which shall be carried out. Within eight days of this service should the batter, on pain of nullity, be served to the executed also.

Article 345

Within eight days of the service on the executed is this, if he meentdaartoe to have competent to against the batter grounds to petition to the District Court, in whose jurisdiction the place of residence of the executed is located, in protest. If the executed then the third party debtor lives in another district, these terms, at this and the previous article meant, governed by the provisions of article 9.De district judge does parties for the hearing calls.

Article 346

If the appeal is well founded and the executed stood he obtains dienvolgensopheffing of the attachment, the attachment, if there are grounds, veroordeeldtot reimbursement of costs, damages and interest for the executed.

Article 347

If the executed the resistance mentioned in article 345, has not done, or if it is, being done, has been rejected, the third party debtor, if he is not present geweestbij the ruling, with notice of dismissive verdict, called to statement to do opdezelfde way and with the same consequences, if articles 604 and following it is provided.

Article 347a-56

Third-party seizure from the country, or under a legal person pursuant to article 1, tweedelid, of the personnel law, is equated with the country is, without prejudice to the provisions of artikel312a, accepted; However only at certain in the exploit or, in the case of simplified, in the notification or the claim defined inschulden or property. Payment or delivery nabeslag relieve the country or the other legal person, if referred to a given command to the batter before payment or delivery not more timely manner may be withdrawn. For reasons of public interest can the country or the other legal person in summary proceedings immediate lifting of the third parties-tips.

THIRD AFDELING57

EXECUTION GARNISHMENT IN CASES CONCERNING

LIVING AND BENEFIT FOR THE HOUSEHOLD

Article 348-58

The batter to story of a benefit to living, under the first Boekvan the Surinamese Civil Code, including the amount payable for care and upbringing of a minor, as well as the batter to story of a uitkeringkrachtens article 160 (2) of the Surinamese Civil Code by one spouse to the other, if the herds be placed on pay or other periodiekeuitkeringen , which executed a third may have to be recovered, placed envervolgd in the manner and with the consequences provided in the previous section, to the extent thereof for the purposes of this section has not been waived.

Article 349

The provisions of special laws, under which creditors do not or only within the limits specified therein or in the manner provided therein with regard to pay and benefits rights, continue to andereperiodieke these.

Article 350

The executed is at all times entitled to in the manner and with the consequences referred to in articles 345 and 346, opposed on the ground that the decision on the distribution of inmiddelsis amended or repealed or that the right to benefits no longer exists.

Article 351

Of the day of the seizure is the third party debtor required to, as long as the execution creditor, according to ditverlangt he salary or other periodic payments to the geëxecuteerdeverschuldigd is indicated by the execution creditor, the overdue amount and terms of deuitkering, to whose story the batter has been laid, to the execution creditor to pay, unless under hembeslag should be laid because of inschulden of higher or equal rank. In the case referred to at the end of the previous paragraph, the third party debtor to meetings to do statement, as provided for in Article 604. Opposition to the seizure by the executed suspends the obligation to pay, subject to the jurisdiction of the Court of first instance for interim relief the provisional voortzettingvan the payment procedure. The third party debtor is validly discharged if it paid in good faith to the executantheeft.

Article 352

The execution creditor is authorized the third party debtor, which defaults to verplichtingingevolge the previous article are to meet for the right to call up.

Article 353

If the Guardianship Council execution creditor, he can seize this either in the ordinary way, either by copy of the judgment or the decision in communication to the derdebeslagene. In the latter case shall transmit this written notification for "seen" getekendaan that the Guardianship Council back. First by this return is the batter complete. The Guardianship Board may seize the day following that on which the benefit moetgeschieden, or order for payment issued without prior notification and without presentation of the event that the validity of clerks, as referred to in articles 87 and 307. transmission of a copy of the notification by the execution creditor at aangetekendebrief to the executed within seven days after the day on which the execution creditor that notification , for "seen", signed by the third party debtor has received the document, the third paragraph of article 344 prescribed.

FOURTH DIVISION

OF THE DISTRIBUTION OF PROCEEDS OF ENFORCEMENT

Article 354

If resistance has taken place, the attaching party, net of the kostenvan execution, the sum paid, which due to him, up to a maximum of the amount of proceeds of execution. If there is surplus to the executed responsibly.

Article 355

If, within eight days, counting from the expiration of terms of sale, the degeëxecuteerde and the attaching party, opposition members have not understood about the distribution of proceeds, the requesting party is authorized, and the names and residences of alleoverige stakeholders, to the Court of first instance, within whose jurisdiction the sale is done, to request the Division to do.

Article 356

The district judge shall report the request made to the does in the application to the interested parties referred to opponents to opstraffe within 14 days, of in the distribution not to be understood, at the registry of the District Court about the titles, which submit their claim is based, indicating whether they believe to be ranked as bevoorrechteschuldeisers. Presentation, as it happens, let the district judge notation in the minutes, that he does the distribution format.

Article 357

Over the 14 days, at the end of the previous article, makes dekantonrechter as a result of the documents produced, a State of distribution on.

Article 358

The district judge at the registry of the District Court of this State shall submit to lower available for inspection by all relevant stakeholders of any deposit the Registrar their knowledge gives mentioning dedagen and hours upon which they are to apply to the courts to join belong to the hunwederspraak's proposals.

Article 359

If within the period of fourteen days after the kennisgevingwederspraak mentioned in the previous article is not done, close the Sub-District Court are minutes and ordered in bevelschriftaan the holder of the pennies from what is the payout to creditors, according to the exercise of its official, deserves. These writs are issued in the form determined by article 305.

Article 360

In the case of wederspraak, the district judge the one, which is loaded by him designated eight, to the hearing. This dagbepaling does the district judge shall report to the stakeholders of the indi-hours, which he will address the wederspraak. To hear the right serving day the defaulting parties in their interests and decide the dispute.

Article 361

That decision is on appeal at the latest within fourteen days allowed. The appeal should not be conducted, between others than those at dewederspraak parties.

Article 362

After the receipt of the grosse of the judgment in job connect the Sub-District Court are procesverbaalen ordered the issuance of the order for payment, in accordance with Article 359.

Article 363

After the conclusion of the minutes of the belanghebbendenonderling distribution will no longer be entitled to the interest of what to them is aanbedeeld.

FIFTH AFDELING59

THE IMPLEMENTATION OF COMMANDS

IN AFFAIRS OF HIRE PURCHASE

Article 363a

The enforcement of judgments and decisions concerning the order for restitution vanin hire purchase transferred business has not take place, then two days after service thereof and after command ombinnen to the content. This term does not need to be taken into account with regard to the command totteruggave at stock referred to in article 714a.

Article 363b

The implementation shall be carried out by the bailiff takes the case among themselves in the judgment or the decision to guides to the preferred owner surrender. The bailiff without delay on this makes written report. The articles, third, fourth and fifth paragraph 313, 314, paragraphs 2 and 3, 317, 318, 319 find en326, paragraph 2 shall apply mutatis mutandis.

Article 363c

If the bailiff is already in advance, that the case is seized, dezetenuitvoerlegging can have no progress.

Article 363d

Is the property is under a third party other than in good faith against the buyer to issue a vorderingvan could resist, then the implementation against those derdegeschieden in the same manner as is provided in article 363b. This enforcement is the third claim against the buyer free.

THIRD TITLE

OF JUDICIAL RECOVERY OF

REAL ESTATE

FIRST DIVISION

GENERAL PROVISIONS

Article 364

The creditor of a judgment or other enforceable title, is authorised to recover at runtime to: 1 ° deonteigening. the market of real estate, which, with their accessories, as far as dezelaatste as real estate; 2 °. of the usufruct of the goods and their accessories; 3 °. the rights van opstal and leasehold; 4 °. of fundamental securities regulation, either in money or in kind.

Article 365

However, the personal creditors of a joint heir of an estate his share in the immovable property not for sale catch on, before the estate is separated by partition; only this separation they may guessed, judgmental, progress.

Article 366

If a mortgage with loaded well to a third, dehypothecaire creditor executes well against the third owner, subject to his obligation to hetdoen from a command to the debtor, in accordance with the provisions in articles en1227 of the Surinamese Civil Code 1226.

Article 367

The creditor may with the sale of real estate, which to him nietverhypothekeerd, not continue, then in the event that the proceeds of the verhypothekeerdegoederen to him is insufficient.

Article 368-60

The sale is at the right of the canton where the property is situated.

Article 369-61

The sale of real estate, in slechtsgeschieden from one can distinguish cantons located, well after the other.

Article 370

If the mortgaged property to the creditor and not to goods hemverhypothekeerde a portion of one and the same building, is the sale of both at the same time prosecuted, if the debtor has no resistance; the rechterberekent the price according to the rule of article 1248 of the Surinamese Civil Code.

Article 371

If the debtor by authentic huurcedullen or by private huurcedullen, which have obtained a certain date before the seizure, proves, that the revenues from its real estate zuivereen free, for one year, to the payment of principal, interest and costs deverschuldigde enough, and if he offers to transfer this to correctly named and described in delegation, the courts have jurisdiction to the prosecution teschorsen; He may resume her if there is any obstacle to prevent or payment comes to mind. The Court however, this suspension, if thereby to the creditor eenmerkelijk drawback would be inflicted.

Article 372

The forced sale of real property may only be prosecuted for using a debt or claim and settled. If the debt or the claim relatively is to business, whose financial course ofwaarde has not yet been determined, is the prosecution of value, but the sale can take place the settlement eerstna.

Article 373

He who has become owner of a transferred title or proof of guilt, vanexecutie, force is not entitled to order the recovery of hard goods, dannadat of the transfer to the debtor insinuation is notified.

Article 374

The prosecution should not be destroyed on the ground that the creditor has haarbegonnen for a larger sum, than he had to be recovered.

SECOND DIVISION

OF THE THUS TAKING REAL ESTATE

Article 375

The seizure of immovable property must be preceded by a exploitvan command, at a bailiff to the debtor, within two days to comply with the judgment or aktete, indicating the title, from the prosecution of which place has power; the moetinhouden the choice of place of residence in the place where the judge, who has knowledge of the case should take, session, or in Paramaribo, Surinam and to express satisfaction, that in the absence of zalworden passed to the confiscation of the real estate of the debtor. If the meaning of the judgment or of the Act also prescribed isgedaan, the command will be doing a separate command is not required.

Article 376

If the creditor is a year after the command expire, before to confiscate, he must renew hetbevel.

Article 377

Over two days, the prescribed term of seized at eenproces minutes of the bailiff, which shall contain: 1 °. the mention, that the bailiff is at or in the well has gone, and the names and residences of the inbeslagnemer and of the debtor; 2 °. the mention of the title, from power of which the prosecution place; 3 °. the nature of the seized real estate, their location and, if the landelijkeeigendommen are, their size as far as possible; 4 °. the choice of place of residence in Paramaribo or at the place where the immovable property is situated.

Article 378

Copy of the minutes of seizure is left to the person, against wiehet batter is done. The minutes to the laying mash needs to be deposited in the depository of the registersvan mortgages, with notes from the hour, by the day, month, and year, in which transfer is requested. The Registrar of mortgages of this hour, that day, that month and that year, ookmelding him to do so on the original document, which should be presented. Counting from the day of that transfer, is the party, against which the batter is done, no more entitled to dispose of the seized real estate, teverhypothekeren or lease; agreements entered into in violation of that ban, mogentegen the inbeslagnemer not be relied upon. The leases, before those dagaangegaan, are effective, if they are not made to the creditor's teverkorten. The article 670 of the Surinamese Civil Code advanced transfer vanvroeger files or the registration of mortgages, after the day of deoverschrijving previously granted by the minutes of seizure, attachment to the rights of the employee brings no disadvantage.

Article 379

During the seizure remains the party, against which this is done, as gerechtelijkbewaarder in the possession of the seized and not leased or tenanted property. He should not by chopping wood or otherwise cause any reduction in value of would have, under penalty of damages and interests, recoverable even bijlijfsdwang. The Court of first instance is, however, remit to the reasoned request of one or more creditors, to appoint another custodian, whose work end up on the dagvan the transfer of the judgment by assignment.

Article 380

The fruits, which are collected after the transfer of the seizure or be able to be collected, be for real estate held and the branch-and wortelvaste schuldeisersmogen t doeninzamelen and collect or sell fruits and standing crops; the not yet paid rent and lease tokens are legally in hetbeslag understood and, after the notice to the tenant or lessee at deurwaardersexploit, paid to the creditor, that they with the proceeds of the fixed well, derschulvorderingen, are distributed to the rank.

Article 381

In the case of the clause, article 1207 of the Surinamese Civil Code mentioned, does the attaching the fittings done by him, at the latest within four days after the overschrijvingin article 378 listed, on the creditor, which has made this clause, to the blijkensde registers of mortgages by this elected domicile; He lets keep keeping of records at the registry of the District Court at the place where the batter is placed.

Article 382

If, by virtue of the aforementioned article 1207, by virtue of non-payment by the debtor has expressly accepted to the commitments made towards him, power to the connected perceelte do sell and he wants to use this right, the sales in the manner bijbovengemeld article of the Surinamese Civil Code. However, he is held to, except the formalities prescribed in that article, the dagvan the sale at least thirty days before the allocation to the attaching tenware to doenbetekenen, with sales to begin already before the seizure was made.

Article 383

He is also held to the proceeds from the sold object, after deduction of owed it to him in respect of the claim, for which he exercises the right, with the interestenen costs are at the registry of the District Court, whose jurisdiction it is seized, and to transfer them to the attaching party within four days by this knowledge to the chosen place of residence.

Article 384

If the creditor is competent and is inclined to make used of this to him right, he is obliged within fourteen days after the service of the complete metopgave of the term within which he wishes to proceed to the sale, to make known to the attaching party, which have not been authorised, upon being the execution to continue.

Article 385

If this term should be made too long or if the creditor in gebrekeblijft, who also were in the sale, is the attaching party competent to him for the district judge to call this a term, within which the creditor must pass to the sale; over which term is the creditor, in the absence of doing this, of his right to do so deprived and the attaching party authorised to is with the execution to continue.

Article 386

Bijaldien more creditors the sales requirements of the same goods, the toeschattingplaats on the persecution of those, which is the first time the minutes of seizure, do certain overeenkomstighet by article 378, overwrite; the other batter layers are required inorder to their persecution. However, the district judge may, by way of substitution, prefer eenschuldeiser, which later laid the batter: 1 °. There bijaldien place has bad faith of the creditor, which has put the first batter, ofsamenspanning of these with the party, against which the batter is done; 2 °. bijaldien the first creditor neglects observing any formalities or devoorgeschreven periods, without deeds of prosecution. In the first case, the courts have jurisdiction to the creditor, under bad faith ofsamenspanning, for compensation. This tussenopkomend dispute by application at the same Court '. Appeal against the judgment is not allowed. The one, in whose place at that judgment another, is required to receive evidence on the pieces aanlaatstgemelde against; kostenniet made him be are legally paid than after the allocation of the sales.

Article 387

At least forty days after the transfer of the minutes of seizure wordtopenlijk when attack-bills announced that the sale of the seized goederenaan the highest bidder or highest afmijnende will take place.

Article 388

The attack-bills should contain: 1 °. the place, the day and the hour, when the sales and the allocation will take place, such as the district judge this in writing at the request of the attaching party has determined; 2 °. the nature of the work to sell goods, their location and description, and, if the landelijkegoederen are, as far as possible their size; 3 °. the budget of the turnout, and the amount of rent, so this known; 4 °. the mention of the names and residences of the attaching party and of the person, against whom the batter is done; 5 °. the charges, which it fixed well in the day of the transfer of the minutes should be loaded vanbeslag; 6 °. the bet, which the attaching party is required to do and the replace the eerstebod.

Article 389

The attaching party must be extractvan by the keeper of mortgages do give off an already existing inscription on the seized goods at the time of deoverschrijving of the batter; He is required to deposit with the clerk of this hetkantongerecht. A copy of the tax bill must be served to the person, against whom hetbeslag is done, and to every registered creditor, to elected domicile, in zijninschrijving. The attaching party is required to conditiën at least thirty days before the veil also opened to deposit at the registry.

Article 390

The attack or displaying them of proclaiming shall be: 1 °. outside to the House of the debtor and to the seized buildings, if any; 2 °. in places, which are destined to public displaying them on the spot, where the goods are located; 3 °. to the building and in the hearing room of the District Court. At the registry of the District Court is submitted, a copy to serve at allocation.

Article 391

By hitting the notes should show in a deed, to which a copy of the Bill is attached. By this Act the officer, explains that the posting happened isop the places in the previous article prescribed, without those places behoevente are listed one by one.

Article 392

All disputes about the veil conditiën must, on penalty of nullity, in eight days, after they have been deposited at the registry, be brought by application. Hogerberoep against the decision of the District Court is not allowed.

Article 393

Within eight days of the posting, and, in the case of dispute, within eight days after the decision, is, if possible in a news journal of the place, where the zalgeschieden, a sales publication done, which one should mention: 1 °. the names and residences of the attaching party and of the person, against whom the beslaggedaan; 2 °. the nature of the work to sell goods, their location and, bijaldien the rural goods are, their size as far as possible; 3 °. the place, the day and the hour, where and when the allocation will take place, such as dekantonrechter this in writing at the request of the attaching party has determined.

Article 394

At least 30 days after the posting, the district judge, the goods are located within wiensrechtsgebied, proceeds to the sell and the allocation of the confiscated goods. The judgement of sales and mapping is not open to appeal.

Article 395

The sale and assignment to the hearing, the first sales at opboden then at exit. At least three days before the start of the sale is a kantonrechtergetaxeerde by the fee, of which mention is made in article 398, pasted up in the Auditorium of the District Court. Before the sale, the Clerk reads the veil conditiën for. The district judge determines, if necessary, the sum, for which one may outback and knockoff. The outbidder is no longer connected, as soon as a new auction is done, if it is laatstevan onwaarde explained. At the exit, the well to the first who called "mine" assigned. If opdezelfde sum by more than one was allowed to be mined, the rechteromtrent the allocation. If he is in doubt, he is authorized to immediately on this subject a vernieuwdeafslag.

Article 396

The person, against whom the batter is done, should not the buyer; the statement, that the hetopbod or afmijning for him and to its favour is done, is onwaarde. Every one, purchaser may have become irrelevant for him, personally and immediately responsible for payment include damage and interest, to which he even at constraint, can be forced. He has become that buyer on behalf of someone who is unable, daarvoorzelfs at constraint, be liable and responsible for him self and for their own account, notwithstanding he was allowed to have declared, that he has for another the biddings or afmijninggedaan.

Article 397

The attaching party remains buyer for the stake, if not a higher auction or a hogereafmijning.

Article 398

The cost of execution and allocation are right paid off the purchase price. Under the cost of execution are always understood the expenditure, by the gerechtelijkebewaarder to maintenance of the well done.

Article 399

If by the pursuing sales and the allocation of more than one property in, in the same seizure contained, the price of the sold is sufficient, to debeslaglegger and the opposition members as well as to the cost, the debtor may teverzetten against the sale of the remaining property, provided in answer to the requirement to this hearing. If that demand is not on the hearing is done, is selling value.

Article 400

The ownership of the goods assigned to the buyer from power of deoverschrijving of the judgment of allocation, which to him is not the grosse uitgereiktdan after the Registrar has furnished proof of voorwaardendes to have met the conditions of sale. The executed can be up to forced eviction in the manner provided for by article

Article 401

If the buyer is not fully complies with the terms of sale, may be charged to tezijnen, at the request of any person who has an interest in the matter, proceed to herveiling entoewijzing; the provisions of articles 387 and following, or, if the sales in the manner alsbij article 409 is prescribed has taken place, that of the 412 and following articles, zijnalsdan applicable.

Article 402

Where, however, the one, to which it was assigned, bevorens well proves, that he has not fulfilled conditions set in annex IV and by the Court to pay the cost of herveilingbepaalde sum in court custody, should not be continued to a new sale and assignment.

Article 403

The buyer is liable for the difference between the price at constraint, for which he was assigned, and that the good of the herveiling without nochtansbevoegd is to progress which has yielded the herveiling more; This surplus must be to the creditors, or, if they have nothing left to recover, to the person, against whom the beslaggedaan is, be paid.

Article 404

If the formalities necessary to the sale, required by the vorigeartikelen or by articles 412 and following not taken into account, may those who tegenwie the batter is done, or the registered creditors, that they be fulfilled; However, them inadmissible in this claim, so this menis not brought is at least twenty days before the assignment for the given day. The verdict is not subject to appeal.

Article 405

If, in the case of the previous article, the judge orders, a verzuimdeformaliteit that needs repair, all formalities, which then have taken place, are again fulfilled; the costs shall be borne by the one, that this has caused.

Article 406

The transfer of the judgement of the same rights to the buyer on the property mapping, like those, which the person, against whom the batter is done, has had.

Article 407

The creditors of him whose real estate have seized, are up to the allocation authorized to to good resistance against the issuing of the purchasing tokens. This resistance must, in addition to the requirements of the ordinary served writs, contents the grounds, on which it is based, and choice of residence in Paramaribo or on the spot, where the batter gelegdis, if the opposing party is not resident there. It is served on the attaching party; It is held at the registry at the request of the opposing party endorsement. Everything under penalty of nullity.

Article 408

The provision of article 331 is also applicable in this matter. Article 40962De district judge is authorized, with 394 by way of derogation from the provisions of articles en395, at the request of the party or any registered creditor eerstgerede recommended, that the sale is not at the hearing, but in front of a notary zalgeschieden designated by him. The auction should then take place in the manner as prescribed by article hetSurinaams's civil code is 1239.

Article 410

This request should not earlier than 20 days after the transfer of the procesverbaalvan be submitted, unless before then the mortgage creditor who hetbeding of article 1207 of the Surinamese Civil Code has made, in writing, of his right to not use mochthebben like to make, or the first time they taken as security for a registered mortgage of the commitments referred to in article Wetboek.De 1243 vangenoemd Surinamese Civil applicant party is held to petition at dekantonrechter; This does the other party and the other batter fathers calls in order thereupon be heard. Against the decision on the application is any provision not allowed.

Article 411

If the request is allowed, the provisions of this section, with the exception of articles 387 to 395, 391, 393 to 397 to 399 and 400 heteerst paragraph of article shall apply and the possibly already before the submission of the request costs of displaying them and publish the judicial auction EBRA of publication of dropping that auction at the expense of the requesting party. The request is not granted before that cost, to a right amount budgeted, are deposited at the registry of the District Court.

Article 412

The notary, who about the sale, shall, within fourteen days, after the judge made him by the indication is given, a authentiekafschrift at the registry of the District Court of the veil conditiën lower. He adds a allebestaande by the keeper of the mortgages issued State of inscription on the seized goods at the time of the overschrijvingvan the batter or a certificate issued by the depositary, that on that goederenhypothecaire inscription do not exist.

Article 413

At the veil conditiën the costs, with the exception of those referred to in article 411, brought on behalf of the buyer.

Article 414

The payment of the purchase tokens must be made at the registry of the District Court.

Article 415

On disputes over the veil conditiën 392 article is applicable. The district judge beslisthierover inferior.

Article 416

The sale should not take place then over thirty days, after deveilconditiën at the registry have been deposited and the sale at least fourteen days in advance by displaying them according to topical use and by announcement in the Ad sheet of the Republic of Suriname will be announced. In that publication should be mentioned, that the auction under court bevelgeschiedt.

Article 417

The ownership of the assigned goods shall pass to the buyer by the overschrijvingvan a copy or extract of the minutes of allocation, which is issued to him than uitrekselechter not copy or on presentation of the proof signed by the Registrar, that the buyer has paid the purchase tokens or that he who, pursuant to the provisions of artikel1241, third paragraph, and article heeftgehouden 1244 of the Surinamese Civil Code among themselves.

Article 418

If by the pursuing sales and the allocation of distinct real estate in the same seizure laid down the price of the sold is sufficient to comply with the debeslaglegger and opposition members with the cost, is the on sale notarisgehouden standing with the sales of the other goods not to continue, unless the debtor requires dievoortgang.

THIRD DIVISION

BY ATTACHMENT OF PROPERTY

Article 419

He that before allocating all or part of the goederenals wants to commandeer his property seized, is authorized to do so by posing as intervention from ende party in the execution.

Article 420

The intervention shall be expressed in a petition to the District Court; on his last the attaching party to meetings at the minutes of seizure at the elected domicile, and person, against whom the batter is done. The titles and evidence of ownership of the plaintiff in intervention be made griffieovergelegd, where parties may inspect and copy of; the exploit by betekeningmaakt message of that submission.

Article 421

If there is a requirement of ownership, is the sale of goods deteruggevorderde suspended.

Article 422

If the requirement of ownership only a portion of the seized goods is concerned, the Court of first instance competent to either to proceed to the sale of the overigegoederen, or the suspension of the whole recommended.

Article 423

The Sub-District Court decides today serving on the attachment of property. Hogerberoep of the judgment is them inadmissible after expiry of the fourteenth day after the delivery of the judgment.

Article 424

If the sale is delayed by a requirement of ownership, one should not continue with the sale, then after renewed publication and displaying them in accordance with article 388 of the notes, and then click Next. He, who in his unsuccessful attachment of property is , is condemned in the cost of these further publication and displaying them and, so to that end, grounds for compensation, also of other costs, damages and interest towards the attaching party.

FOURTH DIVISION

REPOSSESSIONS ON THE BASIS OF SECURITIES REGULATION

Article 425

Subject to the following modifications, should the execution under securities regulation, mentioned in article 782 of the Surinamese Civil Code the same formalities are taken into account as for the seizure and sale of other real estate.

Article 426

The minutes to the laying of seizure of land securities regulation is to exploit by eendeurwaarder served on the debtor, and additionally to the rentplichtige.

Article 427

The District Court let the rentplichtige after receiving the call at the hearing by the execution creditor ingediendverzoekschrift, statement to do the nature and hoegrootheidder interest. In this case, the Declaration shall be made in accordance with the rules and with the consequences mentioned in the third division of the fourth title des third Bajaj.

Article 428

Included in the batter the already appeared and the toeverschijnende securities regulation to the end of execution.

Article 429

To the sale precedes an announcement, which one should mention: 1 °. the names of the attaching party, of the person, against whom the batter is done, and by derentplichtige; 2 °. the indication of the well, where interest is established; 3 °. the amount of the interest; 4 °. the mortgage tenders, if there is such interest taken on the ground; 5 °. the bet, which is required to do the attaching Party; 6 °. the place, the day and hour of the sale, as the District Court has determined in writing at the request of debeslaglegger.

Article 430

The announcement must be pasted up: 1 °. to the home of the person, against whom the batter; 2 °. on the places intended for this purpose, where the sale must take place; 3 °. to the building of the District Court. At the registry of the District Court is submitted, a copy to serve at allocation.

Article 431

If the seized interest exceeds the sum of hundred guilders, historical toe such announcement, within eight days of the posting, in one of the newspapers, onthe way required by article 393.

FIFTH SECTION

ON THE SETTLEMENT OF THE PRIMACY AND THE DISTRIBUTION

OF THE PURCHASE PRICE

Article 432

If the creditors and the party, against which the batter is done, do not hebbenverstaan on the distribution of the purchase tokens or surplus referred to in Article 383, the most diligent creditor, or the buyer, or the party, against which the batter is done, incompliance to the district judge, within whose jurisdiction the sale is done, to request, to arrange devoorrang. The petition must contain indication of the names and residences of all the other institutions and stakeholders; extract of all the existing inschrijvingenen is produced by the transferred herds.

Article 433

The District Court let done mean to the request in the application mentioned stakeholders. It is also ordered to the creditors, not to the distribution on pain vanin are understood, within one month of the exploit, their modest to dekantonrechter, with the advancement in the collocation to be understood. Dekantonrechter loves the submitted documents and claim note in the procesverbaaldat he does partition format.

Article 434

After the expiry of the time limit set in the previous article makes the district judge, from documents produced, the collocation and submit it at the registry of the District Court terinzage of all stakeholders.

Article 435

Of that deposit let the District Court both on the capital punishment as to give to their deschuldeisers knowledge when doing their claim to rank gekozenwoonplaats, indicating the days and hours that they can join in order to join him on the agreed minutes done as desired placement.

Article 436

In the event of contradiction is not done, close the district judge the rank control and vereffenthij the cost, which as privileged. He ordered the release of deborderellen of placement of those who are positive are placed, and the cancellation of deinschrijvingen and of the transferred herds of non-positive placed. These statements together with those in the next article, wordenuitgegeven in accordance with the requirements of article 305.

Article 437

In case of contradiction the Sub-District Court refers those who loaded eights, to be determined by the hearing. Nevertheless, he States the rank system of the debts, which over the disputed privileged, and ordered the issuance of the vanplaatsing statements of those creditors.

Article 438

The decision is within fourteen days after the delivery of the judgment beroeptoegelaten.

Article 439

Fourteen days after the decision on contradiction, and, in the case of job, fourteen days after the receipt at the registry of the grosse of the judgment in job dekantonrechter, set the order of the debts, that contradiction cases, and of those, which should follow, especially nadeze, and this subject to what in article 436 isvoorgeschreven. The interest and securities regulation for the creditors, which is positive, further among themselves wordenniet calculated, except everyone's right against the debtor.

Article 440

The creditors, which after the above deadlines but before the closing of derangregeling, pieces were allowed to consult or contradiction, are competent to do their presentation to laatgedane or to tegenpraak against payment of the costs, damages arising from that delay, eninteresten.

Article 441

The keeper of the mortgages is required to the erasures to do on the blotevertoon, either from the command of the district judge, either by the Act of consent of correctly named and described.

Article 442

After the payment of the mortgage debt and the cost of the surplus derkooppenningen divided between the personal creditors, which have done a very well thought through, or, if not, to the debtor; everything in accordance with the provisions of the derdeafdeling of the previous title.

FOURTH TITLE

OF ATTACHMENT AND SALE OF SHIPS

Article 443

Repossessions on ships may only be made pursuant to a judgment or other enforceable. This attachment must be preceded by a four and twenty hours bevorens betekendbevel to the person or the place of residence of the owner or accountant, or on the way in articles 2, 3, 4 and 5 prescribed. However, if there are fears, that the ship will leave soon to another place, the creditor is authorized, after to have obtained permission of the district judge, binnenwiens jurisdiction it is, even without a prior warrant, to the seizure.

Article 444-63

The seizure of a ship is on board there of. The bailiff is daarbijvergezellen by two witnesses, whose names, occupation and place of residence moetvermelden in the minutes and that the original piece and the need to sign copies. The minutes must be served to the person des owners or accountants, or his place of residence. If the batter is done for a privileged or by mortgage on the ship on the ship inschuld insured or claim, the minutes of seizure on board to the captain.

Article 445De officer should in his official report of seizure include: first name, name, profession and place of residence of the creditor; the title, from power of which he executes; the sums, which he payment progresses; the choice of residence by the creditor is done in the place, where the ship lies; the names of the owner or accountant, if the one or other known , and dekapitein's; the name, the type and space of the ship; the General description of the boats, the boats, the rigging, the tools, dewapenen, military needs and food and beverages. He must also a keeper on board, after the necessary measures to prevent the departure of the ship taken witha.

Article 446-64

The minutes of seizure of ships, which are chronicled in hetregister mentioned in the first title of the second book of the Surinamese Penal Code should in Montenegro that register be transferred with endorsement of the hour, the day, and to be entered in the year of application to transfer. The Registrar of mortgages of this hour, that day, that month and that year ookmelding on the original piece, which is offered him. Counting from the day of that transfer, should the party, against which the beslaggedaan is, the seized ship not alienating, mortgaging, rent or vervrachten;, in violation of this prohibition entered into agreements, may not wordeningeroepen against the inbeslagnemer. The rent-and the affreightment agreements, entered into before that day are, so they are not made to reduce the rights of the creditor. The article 382 of the Surinamese Penal Code of Commerce, partly related to deVeertiende title of that Code advanced transfer of used files or grant is published by previously granted mortgages after the day of the transfer of the procesverbaalvan seizure, brings to the rights of the inbeslagnemer no disadvantage.

Article 447

If the shipowner or the book holder lives in the place where the batter is done, the attaching party him within three days must copy of the minutes of beslagleggingdoen. That term is of four weeks, if he lives within the jurisdiction of a anderekantonrechter. If he does not live in Suriname or there is not known, the service on dekapitein or his vicar. In the absence of the foregoing, the service to the ship in question.

Article 448

There should be two proclaiming to be done, from eight to eight days, spot, where this in the location of the ship is common. In addition, a notice is placed in a newspaper in Suriname undertake an der ende.

Article 449

Within two days of each opening bid must be pasted up notes: to the mast of the seized ship; to the building of the District Court; where to location of the ship is common.

Article 450

The proclaiming and notes should have mentioned: the names, the job and the residence of the person, which executes; the titles, from which the power of the prosecution does; the evolution of amount due to him; the choice of residence by him done in Paramaribo or in the place, where the schipligt; the name and address of the owner or holder of the seized ship If the one or the other known; the name of the ship and, if equipped, that of the captain; the ship space; the place, where the ship lies; the first deployment of the attaching party; the place, the day and the hour, where and when the allocation will take place, such as dekantonrechter in writing at the request of the attaching party has determined.

Article 451

Two days after the first proclamation does the one, which mean the seizure continues, eenafschrift of notes to the creditors, registered in the bestemdregister, mentioned in the first title of the second book of the commercial code, and very well at that tender their elected domicile.

Article 452

Fourteen days after the second proclamation made the sale and allocation by dekantonrechter in open court in the same manner as for the sale of immovable property is prescribed. The provisions of articles 409 to 418 are also applicable here.

Article 453-65

If the batter is placed on barges, boats or other vessels which are not zijnteboek in the registry, mentioned in the first title of the second book of the Surinamese Penal Code of Commerce, and on ferries, is selling as those of other movable property, after opening bid on the place, where the vessel is, for three achtereenvolgendedagen, with displaying them to the mast, or , in the absence thereof, on another vallendeplaats in the eye of the vessel.

Article 454

The one, to which a ship of any size, is sold and assigned, varied the buy tokens within eight days to pay, or no cost to bring in gerechtelijkebewaring at the registry of the District Court, on pain of constraint. Failing payment or in custody, re-tenverkoop the vessel caught on and assigned within three days after a new Proclamation enaanplakking charged to the first buyer, who likewise at constraint is connected to hettekort, together with the costs, damages and interest.

Article 455-66

The arrangement of the priority and the allocation of the purchase price of the ship debevoorrechte debt relief referred to in article 385 of the Surinamese Penal Code of Commerce.

Article 456

A claim for advertising must be inserted in the Sub-District Court before the assignment. At subsequent input is he legally held for opposition against the payment of the sale pennies.

Article 457

He who is an advertising, or set the opponent sues zijnrecht for desverlangd in the short term, the District Court within whose jurisdiction the seized.

Article 458

Opposition from creditors against the payment of the sale tokens is after the allocation or the sales no longer allowed.

Article 459

The creditor, that resistance does, is held the title of his inschuld at the registry about submit within the next eight days after he has done done and without reminder; failing that goes right on to the payout of the buy tokens, without hemdaarin to understand.

Article 460-67

The ranking of creditors and the distribution of tokens are gedaantussen the privileged and mortgage creditors in the order prescribed in the first and last title of the second book of the commercial code, and between the andereschuldeisers in proportion to their inschulden. Each creditor is placed for the principal, interest and costs.

Article 461-68

The provisions contained in the fifth Division of the third title of the second book, zijnmede applicable to the distribution of proceeds from welkezijn sold in execution ships, chronicled in the register mentioned in the first title of the second book of hetSurinaams commercial code. with regard to the distribution of proceeds from ships which not zijnte book made in that register on the other, the provisions of the third division of the second title of the tweedeBoek.

Article 462-69

Expired.

Article 463-70

Creditors of a fellow shipowner of a ship or vessel of any kind also magzijn, are not authorized to seize or sell it; However, they may take descheepsportie of their debtor and sell. The seizure of a ship portion shall be carried out by an exploit, served on the debtor has expressly accepted and to the book holder of the shipping company. The auction of a ship portion shall be made in accordance with the regulations in this Titelvoorgeschreven, having regard to the distinction between vessels which can and which welkeniet are chronicled in the registry, mentioned in the first title of the second book of hetSurinaams commercial code; Barring that, the notes not zullenworden pasted up on the craft.

Article 464

The provisions of articles 373 and 374, of the second paragraph of Article 394 and of article 400, are also on the seizure and the sale of ships applicable.

FIFTH TITLE

OF CONSTRAINT AND ITS IMPLEMENTATION AND

OF PENALTY PAYMENT

FIRST DIVISION

OF CONSTRAINT

Article 465

Constraint has place: 1 °. because of stellionaat, that is: If a property, of which one knows the owner sells grey or not to be, onderzetting; if onderzetting objector goods as free offers or less with onderzettingenopgeeft than with which those goods loaded; 2 °. because of deposit out of necessity; 3 °. for the return of medals, which are made for that purpose in custody on public authority designated people; 4 °. for the extradition of affairs, which is in the hands of sequesters, commissarissenen other custodians; 5 °. against all public officials, for the display of their minutes, when this is in rechtebevolen; 6 °. against lawyers, notaries, bailiffs and other officials of a public office, for the return of the activities entrusted to them in respect of their titles and medals, of which they have received in that capacity for their masters; 7 °. for the reimbursement of costs, damages and interest, the sum of one hundred and fifty guilder t going to which a person towards the offended party has been sentenced in respect of eenstrafbaar fact; 8 °. for the end of the day, owed by guardians, curators, court custodians of public schools, which enbeheerders to submit their account and verantwoordingverplicht, and for all refunds, which, as a result of reported account, must place; 9 °. against all foreigners, who are not residents of Suriname, for all debts, without exception, for the benefit of residents of Suriname; 10 °. in all cases, in which a law expressly allows constraint.

Article 466-71

Constraint has place: 1 °. against all persons, who have signed a bill of Exchange or cheque as acceptors or endorsers or hikers, this by bail, aval called, guaranteed; 2 °. against persons, which in respect of their company promissory notes or other business papers hebbengetekend. He that a company shall, in respect of the absence of proof to the contrary, shall be deemed to have zijnbedrijf connected, if not signed by him to the contrary in the paper isuitgedrukt.

Article 467

Without prejudice to article 465 is the courts teverklaren a judgment enforceable at constraint, if and in so far as it entails a conviction to: 1 °. either giving a certain case; 2 °. either the provision of an Act, which only the will of the veroordeeldeafhangt and can be carried out only by him; 3 °. either the omission of an act.

Article 468

In no case, constraint to children and further descendants tegenhun blood relatives in the ascending line and allowed. Constraint does not place against persons, who reached the full age of seventy jarenhebben.

Article 469

Constraint should not be implemented than from power of a judgment, which hijis allowed.

Article 470

Objection or appeal does not prevent the implementation of constraint, allowed at eenvonnis, which may be implemented in stock; provided that in this case security States a need for the reimbursement of costs, damages and interest, which the arrestee if wordenveroordeeld. Article 471Niemand may in respect of the same debt held hostage for more than a year.

Article 472

In the exercise of constraint is the creditor required every thirty days for teschieten a sufficient sum to maintenance of the debtor by the President, according to a rate. If the creditor fails to order before the one and thirtieth day to dezeverplichting, the debtor is entitled to recover, provided that his resignation adding presence request a certificate issued by the administration of the prison, which shows, that apply to maintenance are not paid in advance. However, where the creditor, which at fault to maintenance for teschieten, this advance still does before the debtor has requested his resignation, dievordering is no longer admissible.

Article 473

The debtor may be recommended by others hostage, which likewise to exercise constraint to rechthebben against him. He who is undergoing imprisonment or custody or for an offence inverzekerde custody, may also be recommended; He may, in accordance with the recommendation, be detained, despite his dismissal in the criminal case if ordered, or the time of punishment if terminated. Article 474De invalidity of the hostage-taking has, for whatever reason they may be pronounced, by no means the invalidity of the recommendations as a result.

Article 475

He who has done the recommendation, is obliged to do in equal parts to or suspension of the maintenance of the arrested; in this case, the totonderhoud provided the arrestee shall not apply take back without the user's permission. This claim is for information of the district judge, in whose rechtsgebiedde debtor is taken hostage.

Article 476

The debtor, that is, in a lawful way hostage obtains its dismissal: 1 °. by the consent of the creditor, which has him hostage, and of those, diehem recommended, if such there are. This consent to dismissal of the debtor is given either before a notary, either in the prison register, in which the hostages are registered; 2 °. by the payment or judicial deposit of funds, which both correctly named and described, which the constraint exercised has, as to those who aanbevolenhebben him, due, together with the interest, of the vereffendekosten appeared, the cost of the seizure of hostages and the funds to his onderhoudvoorgeschoten. With payment is, other than as a payment of funds shall be treated as debereidverklaring of the hostage, under sufficient guarantee, to the verdict; 3 °. by estate away; 4 °. If the hostage-taking of such adverse affects on the health of the hostage, that his life is in danger; 5 °. Once the hostage has reached the full age of seventy years. In the event of a dispute, or one of the cases of the last Member arises, the kantonrechtervan the place, where the debtor in the hostage-taking is in summary proceedings; He recommends dismissal if appropriate.

Article 477

The debtor, whose hostage-taking has been declared void or that in the absence of advance maintenance totzijn is fired, may not again be held hostage for the same debt, then at least one day after his resignation.

Article 478

Exercise of the constraint does not prevent nor suspends the persecution and implement vanbeslag on the goods. Nor shall prevent or suspends the implementation of seizure of goods the exercise vanlijfsdwang.

SECOND DIVISION

THE IMPLEMENTATION OF CONSTRAINT

Article 479

Constraint can first be implemented at least one day after the date of service of the judgment, with the inclusion in the hostage-taking is allowed. The District Court, however, is authorized, if there are grounds to grant leave, totdadelijke implementation of the allowed constraint. This service must contain the command to pay and the choice of a living plate star site, where the judge, by what the verdict is, sits.

Article 480

The debtor should not be held hostage to transfer in the: 1 °. in a building dedicated to the religion during the exercise of worship; 2 °. on the place of and during a session of a der asked powers; 3 °. in the house occupied by him, or in any particular House, which is not for every one is open, the bailiff accompanied tenware they by the official, authorized by the Presidentaangewezen; 4 °. as long as a safe conduct, whose time should be determined by the judge, who issued the debtor, in order for ditheeft to appear.

Article 481

The hostage-taking should also be implemented on Sunday, and in such hours, waaropanders, according to article 16, doing served writs is not permitted.

Article 482

The minutes of hostage taking, apart from the ordinary requirements of an exploit, include: 1 °. repetition of the order for payment; 2 °. the choice of a residence on site, where the debtor in the hostage-taking. The bailiff should be assisted by two witnesses.

Article 483

In the event of actual wederstand the bailiff is empowered to wait to what u see always the doors, in order to prevent escape of the debtor; If you are prompted to him should also be granted the Commis-of the public power, without prejudice to a strafvervolgingtegen the hostage, if there are grounds.

Article 484

Where the debtor against the legality of the hostage-taking and progresses, he is datdaarover without delay a decision is made, within whose area the hostage immediately brought for dekantonrechter place seizes; This decided in interim injunction proceedings without delay. The edict of the district judge must be on the minutes of the deurwaarderworden; It is implemented immediately.

Article 485

The hostage debtor, who is based in the admission of the hostage-taking, or whose verzetdaartegen is rejected, is to be transferred in the appropriate prison; dedeurwaarder is required by the containment to make and sign a deed.

Article 486

The Act of containment of the hostage should mention: 1 °. the verdict, in which the constraint is allowed; 2 °. the names and place of residence of the creditor; 3 °. the choice of a residence on site, where the debtor is taken hostage; 4 °. the names and residence of the hostage; 5 °. the given advance payment for its maintenance for at least thirty days; 6 °. Finally the mention, that the bailiff itself both of those of the procesverbaalvan act as hostage to the hostage has handed over transcripts, which onmiddellijkmoet place.

Article 487

The Act of inclusion must be transferred in the prison register, mitsgaderseen extract of the judgment, in which the hostage is ordered, and the body as a whole. If the bailiff fails to that judgment, the schuldenaarniet may be embedded.

Article 488

The requirements, for the hostage-taking prescribed, should also be taken into account for the aanbevelingenworden; the bailiff, however, need not to wordenvergezeld by witnesses and needs the one, that the recommendation does not vanonderhoud, an advance for the costs, if this already happened.

Article 489

In cases where the dismissal is ordered in the absence of advance payment for the cost of maintenance, the creditor should the debtor does not do hostage again, then after totbekoming the cost of his dismissal made him, to have reimbursed, or this, on his refusal, at deadministratie of the prison to them that are in custody, and after also requires the funds hold for six months to have advanced , or, if the debtor not more fully six months article 471 in the hostage-taking could be held, conditions for shorter time. One requires the formalities, which preceded his hostage, not resume.

Article 490

If the above prescribed formalities is not taken into account, the debtor has expressly accepted jurisdiction to the annulment of the hostage-taking; This claim must, evenalsdie to dismiss on other ground than be put in article 476, for dekantonrechter of the place, where he is held hostage. The application for a declaration of invalidity, which based on resources, hitting the case must be brought to justice, tenprincipale, that with the implementation of the judgment. The notice must be made at short notice and at home site, according to hetgevangenisregister chosen; the creditor may be condemned to reimbursement of costs, damages and interest, if there are grounds.

Article 491

The debtor, which is to the conviction against him tevoldoen, is entitled to recover on that basis, in summary proceedings, that the hostage-taking or nietverder is not implemented. After allocation of the claim is only permitted, if the hostage for the same debt creditor in interim injunction proceedings demonstrates, that the debtor is able to the counter hemuitgesproken condemnation. The debtor, who with a view to the execution of the judgment or even prior to the sentencing with a view to assigning verdict against him has enabled to zijnverplichting outside, should not rely on the first paragraph of this article.

THIRD DIVISION

OF PENALTY PAYMENT

Article 492

To the extent that a judgment means a sentence of anything other than the payment of eengeldsom, can be determined, that the convicted person, if, as long as he so often does not conform to dieveroordeling, or forfeits a at the verdict set sum of money, penalty called. Is to that sentence not met, then the other party of the condemned have jurisdiction the judgment for the amount forfeited by the penalty zondereerst to implement a new title in straight. Article 491 is then apply mutatis mutandis. Shall inform the other party in a claim to obtain a new title as referred to in the second paragraph, then the defendant is competent against the same defense as last member against the implementation without ingevolgehet new title.

SIXTH TITLE

BY APPLYING COST, DAMAGES AND INTEREST

Article 493

The Court, which a party refers to reimbursement of costs, damages and interest, the course thereof in the judgment; If he has not been able to determine this course format, the other party of a State, which in the chosen place of residence of the party units is to be served; the to proof seeking modest against get proof to the partijmedegedeeld or to the clerk of court. Within 14 days after service is the defendant held an offer vanzodanige sum to reimbursement of costs, damages and interest to do so, if he will be consulted.

Article 494

If the parties are unable to understand, is the most diligent party is authorized to make the request, the amount rechterte.

Article 495

The Court determines the day and the hour, on which the Court will serve, and doetpartijen calls in order then to appear. Thus certain day at the Court, after hearing of parties in so far as it zijnopgekomen, fix the amount and does thereof, except on the official report of the case, the judgment also note.

SEVENTH TITLE

THE LODGING OF SECURITY

Article 496

The verdict, which ordered is to provide security, the time limit, binnenwelke this is suppose to be met and that the security within which belongs to zijnaangenomen, or disputed.

Article 497

The security should be offered at deurwaardersexploit. It belongs in the same manner to be adopted.

Article 498

If the sufficiency of the security is disputed, is the party that tegenspraakdoet, required the case within the time limit set in the judgment to bring together at the hearing on the right, for whom the main case is pending, focused applications.

Article 499

If the certainty in a deposit and that adopted or accepted, he must deposit with the clerk in writing connecting at a deed, which on voorzitterof of the Sub-District Court edict, issued in the form prescribed by article 305, can be implemented.

THIRD BOOK

OF JURISDICTION OF DIFFERENTIATED NATURE

FIRST TITLE

BY THE DECISIONS OF ARBITRAL MEN

FIRST DIVISION

OF COMPROMISE AND OF THE APPOINTMENT OF ARBITRAL MEN

Article 500

Each has the power to settle disputes about the rights, under their decision, to the decision of dividing free men. He who on judicial authority is appointed, or that, in accordance with the provisions of hetSurinaams civil code or from that of the Surinamese Penal Code of Commerce, court permission to enter into a settlement or to sale of goods is no longer competent to need, without such permission, in its relation to the decision vanscheidsmannen to business topics. One is even authorized to commit themselves in advance to the decision vanscheidsmannen subjects of disputes which were allowed to stand up in the future.

Article 501

Void is a compromise, entered into in respect of gifts and bequests to livelihoods, housing or clothing, separations between spouses either from the real, either by table enbed, either of goods, dispute points, which the State of a person, and of other disputes which enter into a settlement is excluded by law.

Article 502-72

Subject to the provisions under article 30 and with the exception of minors is dielasthebber can any being, also without discrimination to arbiter.

Article 503

The Act of compromise has to be made in writing and signed by the parties; if the parties can not draw, the deed before a notary and witnesses wordenopgemaakt. The Act should contain the topics of dispute and the names and residences of the parties, together with the names and residence of the arbiter or the dividing men, which always in odd number. Everything under penalty of nullity.

Article 504

If, in the case at the third paragraph of article 500, the parties to the ontstaanvan the dispute does not agree on the choice, the arbitral tenverzoeke men of the most diligent party, appointed by the judge, who would have been empowered to take omkennis of the dispute, bijaldien a compromise would not have taken place.

Article 505

The compromise defines the term, within which the to the dividing men onderworpenzaak is suppose to be decided; If this was not determined, takes the scheidsmannenopgedragen to the last six months, counting from the day when they hebbenaangenomen their designation. During that period the contract may be revoked only passengers that adequate MEA-to dividing men of all parties.

Article 506

Not by the court appointed dividing men may not be challenged unless considerations after the appointment. Appointed by the judge dividing men may, if the parties expressly have ofstilzwijgend in their appointment, be objected to unless not later opgekomenredenen. The reasons of objection are the same as for judges; they are designated by the judge summierlijkbeoordeeld, in article 504.

Article 507

The dividing men accept their burden in writing; the acceptance may be made on the Act vanbenoeming.

Article 508

An arbiter, who are adopted, should he suffer just upside down by declaring the judge approved reasons. The dividing men may be ordered to compensate for damage and interestenjegens parties, bijaldien they are without legitimate reasons within the specific time limit in the aanhun judgment subject matter have not decided.

SECOND DIVISION

OF THE ARBITRAL PROCEEDINGS FOR MEN

Article 509

The proceedings shall be conducted in the manner and within the time limits, to the compromise, and, bijgebreke, by the dividing men determined.

Article 510

At the end of those terms are the dividing men held, only on the ingediendememoriën and pieces to do justice.

Article 511

If the parties have not exercised to submit pieces, are the dividing men incompliance, on application for a new term, or to declare that their charge left off.

Article 512

All by the dividing men issued commands at stock and each gemaakteschikking by them concerning the construction of the proceedings, should be implemented without further formality, counting from the day when the dividing men have given to parties.

Article 513

If there are judicial inquiry should take place about the authenticity or inauthenticity of writings, or if any between dispute of a criminal law nature in the case, refer the parties to arbitration men an ordinary court. In this case, begin again the terms their walk on the day when the incidentgewezen on the judgment has become final.

Article 514

The provision of the second paragraph of article 513 shall also apply if scheidsmannen have decided on an incident or when they hebbengegeven a interlocutoire decision. They may even, in the latter case, the termijnverlengen asked for the final decision.

Article 515

If the dividing men have ordered a witnesses and the witnesses appear or deny nietvrijwillig the oath or their statement, is the most diligent party is authorized to join petition to turn to the Court of first instance, within whose rechtsgebieddat of witnesses is ordered; This judge then keeps the hearing witnesses in the same manner in ordinary Affairs likethat. Meanwhile, over the terms remains suspended until the witnesses will zijnafgelopen.

THIRD DIVISION

BY THE DECISION OF ARBITRAL MEN

Article 516

The dividing men decide to arrange the des tenware the compromise their right, granted to has acquired entitlement to develop as good men in fairness to judge.

Article 517

The decision shall contain: the names and residences of the parties; the conclusion of their mutual claims; the rationale and the final verdict. The decision is dated, with mention of the place in which it is cases; It is signed by any arbiter.

Article 518

Bijaldien the minority refuses to drawing, creating the other dividing men daarvanmelding; the decision has the same strength, as if she was signed by all.

Article 519

Within eight days counting from the day of decision, should one of them deminuut dividing men deposit at the registry of the District Court, within whose jurisdiction the judgment has been dropped. The Registrar writes a certificate of deposit at the foot or on the side of denedergelegde minute; he signs her with the arbiter, who has made the deposit. The Registrar may for formatting of the Act charges and recover the arbitral voorschottenniet men; they are to be paid by or recovered from parties themselves.

Article 520

The dividing men are held to, with and in addition to the minute of their decision to deposit at the registry, also the original Act of their appointment or a authentiekafschrift.

Article 521

A decision by dividing men, of whatever nature, is not susceptible to the resistance.

Article 522

A decision by dividing men should be implemented along the regular path of execution from power of a writ of the Court of first instance, within whose jurisdiction the judgment cases. This command is written at the minute and is transferred to the issuance thereof.

Article 523

Of disputes, hitting the enforcement of a decision by dividing men, the ordinary courts knowledge.

FOURTH DIVISION

OF THE PROVISION AGAINST THE DECISION OF ARBITRAL MEN

Article 524

Appeal of a decision by dividing men is only allowed, so the vermogendaartoe to the compromise is reserved.

Article 525

The appeal of the decision of arbitral men State for information of the Court of Justice.

Article 526

The appeal of request-civil is against a decision of dividing them inadmissible, even though men were parties agreed otherwise.

Article 527

Not subject to appeal a decision by dividing the men's mag be vernietiginggevorderd in these cases; 1 °. If the decision pointed out is outside the limits of compromise; 2 °. If the decision pointed out is on a compromise, which of onwaarde or expired; 3 °. If the judgment is by dividing men, who were not competent to decide inafwezigheid of the other; 4 °. If there is decided on matters, which are not required or if more is awarded dangevorderd; 5 °. If the decision means conflicting provisions; 6 °. If the dividing men have failed to decide on one or more of the subject points to hetcompromis at their judgment; 7 °. If process forms, which are prescribed on pain of nullity, have been violated, but just in case, if, by virtue of an explicit clause in the compromise, descheidsmannen are required to the regulations of the regular order process; 8 °. If there is decided on pieces, which, after the decision of dividing men, for false zijnerkend or as such; 9 °. If, after the decision, which caused sufficient pieces were found from any parties were held back; 10 °. If the decision is based on detected fraud or bad faith, in the proceedings.

Article 528

The claim for annulment is admissible only if it is filed within three months, counting from the day of the deposit at the registry of the decision vanscheidsmannen. In the cases mentioned under Nos. 8, 9 and 10 of the previous article, does the vandrie months first to walk away from the day when either the falsehood, either the fraud or the bad faith which or the pieces discovered, on the understanding that in these cases only written proof in respect of that day is permitted.

Article 529

The claim for annulment must be done by application to the Court by whom given execution hetbevel. Article 530Deze court decides about that claim; parties have the authority to itself, so to that end, grounds, to provide against that judgment, as well as in ordinary lawsuits.

Article 531

If the men on the losing side in the highest resort story at constraint have allowed and conceive, that this injunctive relief, in the gegevengeval, is not allowed, is this the power to to the courts in article 529 mentioned, the portion of the decision to recover vernietigingvan that, within the time limit and in the manner prescribed in articles 529 528en Despite all this, and thereby gave conflicting in the compromise common provisions.

FIFTH SECTION

BY THE END OF THE PROCEEDINGS FOR DIVIDING MEN

Article 532

The death of one of the parties does the consequences of compromise or of the circumstances, in the last paragraph of article 500 listed, do not cease; also the power of wordtniet shall be deemed to be repealed thereby dividing men. The course of the terms of the compromise, however, with regard to the erfgenamenvan the deceased is suspended until after the end of the terms of inventory and of the right of consideration.

Article 533

The burden of dividing men keeps on by their decision.

Article 534

He loves likewise on: 1 °. by course of the proceedings pending at the compromise some or extended term; 2 °. over six months, counting from the date of the Act of adoption, if a different period is not certain; 3 °. by the revocation of the contract made by the parties unanimously dividing men.

Article 535

The burden of dividing men loves likewise adopted on by death, the objection or dismissal of one or more of them. If, however, the contrary is stipulated, appoint not in those cases, or parties, or zodeze cannot be settled, therefore, match, on the claim of one or both of the parties, the designated judge under article 504 nieuwescheidsmannen, with charge to the proceedings on the last acts continue.

SECOND TITLE

OF PROCEDURES COMPARATIVELY LEGACIES

FIRST DIVISION

BY SEALING

Article 536

The Court of first instance of the place, where after death place should have seal, the seal in the presence of the Registrar. He serves to this end by the appropriate seal. He proposes a keeper of the installed stamps to and appoints to preferably by the interested person recommended, if it seems the requirements to tebezitten him.

Article 537

Sealing may claim: 1 °. the surviving spouse and all those, who were allowed to claim any right to have to denalatenschap or the community; 2 °. any creditor of the estate, with an enforcement order, or else nasummier investigation by the district judge of the merits of his claim and of zijnbelang at a security seal; 3 °. in the case of persons as under 1. not mentioned today, those, who warenvan the deceased lived together with him or in service; 4 °. performers of the latest will; 5 °. relatives of interested minors are detained in prison or under guardianship, if dezeniet of guardians or curators, or their guardians or curators not tegenwoordigzijn.

Article 538

Seal of its own motion, in the case of minor or under inheritance interest or placed in one sharer is not equipped with a guardian or eencurator's, or if the guardian or curator, or the spouse of the deceased, or a dererfgenamen, not present, or if the deceased is a public custodian of enigezaken. In the latter case, the seal does not take place, then understood in dezebewaarhouding objects. The seal under non-presence will not, if the niettegenwoordigebij authentic instrument has appointed an authorised representative, in order to put it in denalatenschap or the estates of deceased persons, which were allowed to happen, to represent him, and this is against the seal resistance.

Article 539

The seal must prove by a report, which must include: 1 °. the day and the hour, together with the rationale to the seal; If these mochtgevorderd are done first or after the funeral, also the reason wordenopgegeven; 2 °. the names and the living place of him, on whose claim the sealing is carried out, and dekeuze of residence in Paramaribo, Surinam, if he lives; 3 °. the decision by the Court of first instance taken under article 537 No. 2, or when the instrument permitting enforcement of the claim, from power of which is done; 4 °. the appearance and the progress achieved by the parties; 5 °. the places and objects, on which the seal is set, and a brief description of the goods have been delivered, which have remained outside sealing; 6 °. the names, the place of residence and the occupation of the keeper; 7 °. the oath at the conclusion of the sealing, which after the manner of everyone's godsdienstigegezindheid must be traveled by those who inhabit the House, where the verzegelingis done, that they have darkened, nor have seen nothing, nor know, that ietsverduisterd is, indirectly or immediately. Who does not belong to a recognized religious disposition, made a solemn statement, after him will be told the penalty clause on giving a false testimony for the Court.

Article 540

If the sealing a non-sealed end wants to be found, wordtdaarvan in the minutes mention, and if such a private beschikkingwordt found, as referred to in article 962 of the Surinamese Civil Code, Act dekantonrechter thereby gave in addition, in accordance with article 963 of that code.

Article 541

Bijaldien the seal sealed paper found, dekantonrechter describes in the minutes and the external condition of the seal, right medehet inscription, so there is one; He also authenticates the user with the present Parties, write, bijaldien dezekunnen the folder and gives day and hour on which he will open the package. He maaktook of all this message in his minutes. These communications should the partijenondertekenen; so this nothing happens, the judge the reason of their refusal or hunonvermogen. If the inscription or otherwise, that the papers are not up to the nalatenschapbehoren, that their opening is prohibited, or that the deceased has, therefore, a bijzonderebestemming gives the Court of first instance, after summoning of the stakeholders, diepapieren closed to them about it, if no one opposes, or otherwise recommends, that zijongeopend must be kept at the registry of the District Court, in order to subsequently be awarded to whom this will be found to belong.

Article 542

At certain day and without any notice is required, open the district judge depakketten, which do not belong to the one mentioned in the last paragraph of the previous article wordtgehandeld; He does it turn out State and recommends that the provisional presentation of tergriffie of the District Court at the disposal of the interested parties. All without prejudice to formalities, at the twelfth title des second Bajaj hetSurinaams's civil code with regard to the opening of secret extreme willenvoorgeschreven.

Article 543

If someone is against the sealing resistance, or if you at the sealing obstacles met, or also if either before, or during the sealing, zwarighedenopdoen, the district judge in summary proceedings, subject to higher job binnenveertien days after his decision. To this end, the sealing discontinued, and inform the Court of first instance, outside or, according to circumstances, even inside the House, keepers. The District Court, however, is authorized, if the case postponement not condones, at voorraaddaarover to have, pending the decision in summary proceedings.

Article 544

If the estate movable property not be found, the kantonrechterdaarvan in his official report. There are movable property in the estate, whose use is necessary for dehuisgenoten, or not properly, which can be sealed, the kantonrechterdaarvan in his official report a summary description. If bills of Exchange in the estate, which is not found outside damage be sealed, zoukunnen describes the district judge that in its minutes and reaches the to the interested parties.

SECOND DIVISION

OF OPPOSITION TO UNSEALING

Article 545

He who has a right to be present at the creation of the inventory, the lights of the stamps is incompliance against resistance in his absence.

Article 546

The opposition to lights of the stamps shall be expressed in written or mondelingeverklaring of the opponent, which the judge in his official report of sealing, stating the reasons of the resistance and of the elected domicile in Paramaribo, Surinam, if the opposing party does not reside there.

THIRD DIVISION

UNSEALING OF

Article 547

Except in the case of urgent necessity, at the discretion of the seal dekantonrechter, may not be lifted until at least three full days after hetgelegd.

Article 548

If one or more of the heirs is a minor and without guardians, should not proceed to the unsealing, before justice in their custody.

Article 549

He who has the right according to article 537 seal, unsealing the incompliance is also to be recovered, except only he, which has put the seal krachtenshet to point 3. of that article.

Article 550

The formalities necessary to proceed to unsealing, are: 1 °. the claim thereof, on the minutes of sealing an appeal with the gekozenwoonplaats in Paramaribo, Surinam, if the applicant does not reside there and if this is not reedsgeschied; 2 °. an order for unsealing of the Court of first instance, the day and the hour therefor containing; 3 °. a reminder to the unsealing nowadays, at least twenty-four hours before the unsealing what needs to be done to the remaining spouse, heirs to devermoedelijke, in so far as these are known, to the performers of the uiterstewil, to the creditors on whose claim the sealing is done and to all who are outside their presence an unsealing. The reminder shall be made at the elected domicile for the latter schuldeisersen opponents; they need not be made to the other listed persons, if they are resident outside Paramaribo, but the district judge designates for them on hunkosten a notary or other trusted person to them, in their absence, at the pre-emption * the stamps and to represent in the description of the estate.

Article 551

The surviving spouse, the presumptive heirs, or those who want to henvertegenwoordigen, and the performers of the time may in all the sessions vanontzegeling and inventory today. It is the district judge free to, after the first session the other according to the voorgaandartikel called at the next sessions to allow no different than represented jointly by ééngemachtigde at their expense, about whom they moetenovereenkomen without delay, or else by the cantonal judge is appointed. If any of these stakeholders, however, claims to have special or tegenstrijdigebelangen, he may, on authorization by the district judge, in person continue to appear, do you feel, at his own expense, be represented by a special representative.

Article 552

The district judge shall carry out the unsealing in the presence of the Registrar. If, after the district judge refuses to lift the seals made claim, magbinnen, fourteen days after his appeal against this decision be come in.

Article 553

The minutes of unsealing should mention: 1 °. the day and time on which done; 2 °. the names and place of residence or elected domicile of him who gevorderdheeft the unsealing; 3 °. the order for unsealing; 4 °. the reminder at the 3 ° of article 550; 5 °. the appearance and all the claims or allegations of parties; 6 °. the recognition of the stamps, the finding of these as intact and inviolate, and, if not zijdit, the condition in which they are found and as a result of the measures, which need judged and taken dekantonrechter; 7 °. the names of a notary and of estimators, where soils are, through consultation with stakeholders chosen or appointed by the subdistrict court judge at difference, together with deeedsaflegging by the estimators; 8 °. the difficulties and differences in the fall, on which a decision unsealing arise, in which case the Court of first instance parties refers to a court hearing in summary proceedings, metbepaling of day and hour, to which she without notice or reminder for concerning the case should appear. Against the decision of the Court of first instance, which in the minutes of ontzegelingwordt included, may within fourteen days in job.

Article 554

If during removal of the seals the reason of their reporting is not expired and at dieopheffing an inventory must take place, the seals gelangdeze description lifted into progresses; at the end of each session are the seals again on it yet, but already ontzegelde, niet99beschreven.

Article 555

In the event that the reason the seal expires before the unsealing shall be complete or while dezegeschiedt, the stamps at once raised and the further presence of dekantonrechter at the inventory, if this could be done or continued, unnecessary.

FOURTH DIVISION

OF INVENTORY OR INVENTORY

Article 556

Inventory may be after the removal of the seals, if consultation with stakeholders unanimously on this subject are, privately are formatted in all the cases, in which by legal statute does not expressly to the contrary is provided. The Act of inventory, signed by the parties, the clerk of hetkantongerecht, where the House cases, after parties for the district judge its reliability have beëedigd or solemnly assured, are transferred.

Article 557

He, which according to article 537 has the right to recover, sealing is also competent to recover the unsealing stakeholders, inventory or inventory, except only he, do submit pursuant to the provisions under that seal has 3 ° of that article.

Article 558

If the removal of the seals to inventory is passed, geschiedtdit in the presence of the persons listed under 3 ° of article alsaldaar on the foot, and 550 for the unsealing is provided.

Article 559

In the cases, in which wordtvoorgeschreven also outside of sealing a home inventory, or in which an inventory on a deboedelbeschrijving, except the unsealing follows, formalities of all authentic or private acts, mention: 1 °. the names and residence of the present or represented persons and hunvertegenwoordigers, of the non-present, if they are known and, to this end, opgeroepenzijn, and of the estimators; 2 °. the place, where the description is done and the goods have been found; 3 °. the brief description of the goods including the valuation of movable property; 4 °. the coin cash, as well as, as far as practicable, the capacities and the weight of the gold and silver work;-5 °. the aantekeningsboeken or registers, so there that are; If the description wordtopgemaakt, the notarial notary certify this on the first and last page; If deboedelbeschrijving is daartoegekozen, by contract, should one of the interested parties, do this; 6 °. the found titles and the written commitments charged to or for the benefit of estates; 7 °. the oath when closing the inventory, which after the manner of everyone's godsdienstigegezindheid either in the hands of the notary, either in the hands of the Court of first instance should be made by them, which vóórdien have been in the possession of the goods or have the huisbewoond, in which those goods are, that they have seen nothing hebbenverduisterd, nor, nor know, that something is darkened; who does not belong to a erkendegodsdienstige mind belongs, made a solemn declaration after destrafbepaling him on giving false testimony before the Court will be told; 8 °. that acted with in the estate found wills and nalatenschapbehorende with non-paper in accordance with the requirement of articles 540, 541 and 542, and the effects and paper aanwie des estates are surrendered, either under the law, hetzijvolgens agreement of the stakeholders.

Article 560

If difficulties or differences in the inventory, the partijenbenevens the notary who join her format, is for the District Court, which in summary proceedings to decide, subject to appeal within 14 days of that decision. The last paragraph of article 543 this is applicable.

FIFTH SECTION

OF SALE OF THE MOVABLE PROPERTY

Article 561

If all the heirs have reached the age of majority and have the free management of their goods, the sale of the movable property belonging to an estate shall be made such that the distillate obtained location and method, if the stakeholders are agreed.

Article 562

If sales should place of movable property, where minors are detained in prison or under guardianship, absentees have an interest, or if the heirs not eenstemmigzijn, the sales in public by an authorized official gedaanovereenkomstig the local customs.

Article 563

If, however, all stakeholders in it agree, is the Court of first instance, also wanneeronder the stakeholders minors under guardianship or who are detained in prison, according to vanomstandigheden authorized to permit, that the sale is made on one of the other modes, required by article 445 of the Surinamese Civil Code.

Article 564

If the sale should take place in public, the district judge, to the extent that one of the parties so requests, and if the day with this in mind, and designates the public officer, to whose front these sales will be held. He leaves of his decision to the other stakeholders also announced the distillate obtained manner and within such time, he will opine as to the circumstances.

Article 565

The sale will take place both in the absence and in the presence of interested parties. About raised difficulties decides the district judge at stock in summary proceedings.

SIXTH SECTION

OF SALE OF THE REAL ESTATE

Article 566

Bijaldien the real estate only to adults accessories, which have the free management of their goods, those goods are sold, if consultation with stakeholders in such a way as to match.

Article 567

If there are real estate sales should take place, for the whole or tendele belonging to minors, under receivership are detained in prison or absent, or also if deerfgenamen not unanimously, that sales in the manner voorgeschrevenbij article have 452 of the Surinamese Civil Code.

Article 568

If all the stakeholders consents, the Court of first instance, also in case of zichminderjarigen or under receivership under which interested parties are detained in prison, according to vanomstandigheden, the power to allow, that the sale of real estate that geschiedtop the way, required by Article 453 of the Surinamese Civil Code.

Article 569-73

If the sale should take place in public, the district judge, if and so far as one of the parties so requests, to the day and points to the notary, at wiensoverstaan the sale is to take place. The decisions shall be by order of the Court of first instance shall be notified by the Registrar to the parties and other stakeholders on the way, like in article 119.

Article 570

The sale may take place both outside and in the presence of interested parties.

Article 571

About raised difficulties decides the district judge at stock in summary proceedings.

SEVENTH DIVISION

OF THE DISTRIBUTION

Article 572

The legal claim for Division of the Court of first instance on the ordinary wijzeaanhangig.

Article 573

The verdict, in which a Division is ordered, must, if the belanghebbendendaarover do not match, involve the appointment of a notary public, at whose front belongs to the accounts should be created. The Court is also empowered to determine the day on which parties held without nadereoproeping to appear.

Article 574

Bijaldien in the course of the work of the separation difficulties occur, the notary thereof makes a separate written report containing the allegations with lots. He made a copy thereof at the registry of the lower District Court; the District Court let parties, on receipt of an application submitted by the requesting party for that purpose, teropenbare session calls for the handling of the case.

Article 575

If, during the work of the separation, it is found necessary, datenige movable property sold, passed in accordance with the rules of the Surinamese Civil Code and of the fifth section of this title. Article 576De notary is required on each of the parties copies of or extracts from such deacte of divorce, if any interested party progresses.

EIGHTH SECTION

THE PRIVILEGE OF INVENTORY

Article 577

Bijaldien the heir, which itself may take action under article 1054 of hetSurinaams Civil Code authorize the sale of up to want to do the nalatenschapbehorende property, he to this end a request to the District Court, in wiensrechtsgebied the estate is open cases.

Article 578

If the heir, which the estate under privilege of inventory accounts, proceeds from the sale of assets, whether movable or immovable property belonging to that legacy, he is held to behave to the regulations contained in article 1061 of the Surinamese Civil Code.

Article 579

If a benificiaire heir, on the summons made to him vanschuldeisers or interested parties, refuses or fails to provide security, mentioned in artikel1062 of the civil code, the Court of first instance competent to him over vkrm days at the request of stakeholders, to do calls and, if he continues to alsdanweigerachtig or not to appoint a curator to act appears, as with the tweedelid of the aforementioned article is prescribed.

Article 580

A benificiaire heir to the legal claims, which he charged to denalatenschap, set against the other heirs; If other heirs ediger, or if all the heirs who want to set up legal claims, is this an curator about the under privilege of inventory accepted opdezelfde way that legacy, is appointed as a curator about an unmanaged legacy. NINTH SECTION THE CURATOR OF AN UNMANAGED LEGACY

Article 581

The curator of an unmanaged legacy, who want to move up the sale of assets, whether movable or immovable property, belonging to dienalatenschap must comply with the formalities, concerning the sale of property, belonging to minors, 562, 563 and 567 prescribed in articles.

THIRD TITLE

OF ESTATE AWAY

Article 582

Estate away, when a debtor, who are outside State to pay zijnschulden, all his goods to his creditors.

Article 583

Estate distance requires the voluntary adoption of the creditors. He did not andersten a result beyond what comes from the provisions of the agreement itself between them and the debtor has expressly accepted; subject to the determination of the next article.

Article 584

Estate distance carries the property to the creditors do not have, he gives them only the right to sell the goods to their benefit to do so and the fruits of pulling the auction. What after the satisfaction of all creditors of the proceeds from the verkoopoverblijft, is paid to the debtor.

FOURTH TITLE

OF RESOURCES TO CUSTODY OF HIS RIGHT

FIRST DIVISION

OF THE BATTER TO RECOVERY OF MOVABLE PROPERTY

Article 585-74Ieder, who is entitled to recovery or advertising of movable property, has the power to take this inbeslag to do. Batter should not be placed on goods intended for the public service.

Article 586

To establish this attachment may only be issued under a bevelschriftvan passed the district judge, on an application, where the goods should be described briefly, under penalty of compensation for expenses, damage and interests, both against the batch, as against the bailiff, leading to seizure, without such edict, isovergegaan.

Article 587

The Court of first instance shall have jurisdiction to hear such batter even laying on the bulging bottle shows Sunday.

Article 588

This attachment shall be made in the same form as the seizure in execution of movable property.

Article 589

The provisions in the first paragraph of article 319 thus finds application, that the value of the confiscated good replace the amount of the claim, for which it beslagwordt.

Article 590

Within eight days after laying the mash needs the attaching party set to confirmation of application deeis the batter. This requirement, together with the requirement for waiver of the batter, should be brought before the competent judge of the person, against whom dein beslagneming done. If the application for confirmation is not received within the given time limit authority, expires the batter by operation of law.

SECOND DIVISION

OF SEIZURE OR JUDGMENT IN THE HANDS OF THE DEBTOR

Article 591-75

The district judge shall have the power to each creditor, which summierlijk of him into his claim does turn out and shows that there are bestaatvoor Eclipse well-founded fear by the debtor's movable or immovable property, teverlenen to leave to do diligence on the movable property of the debtor; hijis also authorized, to that end, grounds the debtor tracing, to hear in his interest in advance. The second paragraph of article 585 is on this attachment.

Article 592

In the decision granting the leave is granted, the amount of the claim, to whose insurance the batter may be put, are expressed.

Article 593

The district judge, granting this leave, is also empowered to order that the batter may only take place subject to the lodging of security for costs, damages and interest, which could cause the batter. In this case, the attaching party do offer the security at the vaninbeslagneming and the arrested free to exploit, the offered security not voldoendeachtende, are therefore in summary proceedings. In that case the batter may nevertheless voorlopigworden.

Article 594

The formalities, prescribed for the seizure in execution of movable property, are also at this applicable.

Article 595

The person, against whom the seizure of movable property are granted leave, has the power to confront it on without delay.

Article 596

The judge must order the lifting of the attachment: 1 °. If the debtor has provided sufficient security for the payment of deschuldvordering, for which the batter is; 2 °. If, after hearing from the parties, summierlijk inferiorly of the claim or of the unnecessary of the batter. This attachment shall lapse as of right, if the application for confirmation is submitted within eight days after the batter has been laid. In all these cases, the attaching party sentenced to reimbursement of costs, interest, if appropriate schadeen soils are present.

Article 597

The Court is authorised to implement the vermeldebevelschriften in the previous articles and decisions recommended with or without bail, notwithstanding resistance higher job.

Article 598

The application for confirmation of the batter should be directed to justice, which is responsible of the claim, for which the seized items, is knowledge.

THIRD DIVISION

OF JUDGMENT AMONG THIRD PARTIES

Article 599

Subject to the case, in the second division of the second title des second Bajaj mentioned, any creditor, from power of authentic or private documents, authorized to do under the hands of third parties beslagte on the money and goods belonging to his schuldenaarverschuldigd or or on presentation thereof. If documents do not exist, the district judge of the place of residence of the debtor, and even those, within whose jurisdiction third parties, under which fees and goods, resident, remit to a petition to give leave to lay judgment. In this case the provisions of article 593 are also applicable. However, the judge must override the judgment if proper letter of guarantee for the evolution of the sum, for whose security it is seized.

Article 600

Any exploit of judgment should contain the description of the documents or when of the judges leave together with the sum, for which the seizure is made. Not settled claims and costs, in which the debtor could be wordenveroordeeld, by the judge provisionally budgeted. The exploit should likewise include the election of a residence on site, alwaarde third, among whom were seized, is resident, if the attaching party has not zijnwoonplaats there. Done everything under penalty of nullity of the judgement.

Article 601-76

On third-party seizure from the country or under a legal person pursuant to article 1, paragraph 2, of the personnel law with the country is vindicated, article 347a.

Article 602

Within eight days after doing the batter is the attaching party, under penalty of nietigheidvan judgment, required to have on presentation of a copy of the exploit, vaninbeslagneming Court, within whose jurisdiction the debtor lives, bijverzoekschrift the call for confirmation. That Court is also competent to hear a claim for waiver of the judgment. If the debtor lives in another district, the term of service regulated by article 9.

Article 603

If the debtor obtains judgment, the lifting of the attachment veroordeeldtot reimbursement of expenses, damage and interests, where soils are present.

Article 604

If the seizure of declared value is the attaching party, is obliged to within the time of a month after the delivery of the judgment, at the competent judge of the derdengearresteerde, accompanied by a copy of the judgment, a petition to end the third arrested in dienenten to do calls to at the hearing to do vanhetgeen he statement of the arrested among themselves has , or due to him; In addition to the label, shall be sentenced to that, what will turn out to be diensvolgens to the arrested, give off, or for the execution to surrender for the benefit of the attaching party, in order to diensvordering stories, and thereupon to in the absence of doing to the mentioned statement, referred rather to the satisfaction of the amount of the claim, for which the batter sound isverklaard , with the interest and costs, as well as if he were pure debtor thereof. When the attaching the term referred to in the first paragraph shall expire, are done by those third debetalingen of value. At the convocation are subject to the ordinary terms.

Article 605

The certificate should reasons; They shall contain a statement of geldenof movable property, which the third arrested among themselves; the mention of deoorzaak and of the amount of his debt; of payments on account, so that mochtenhebben place, and of the manner of debt discharge, when the third party beweertniets more arrested to be guilty, and in all cases the other seizures, which are done under hemmochten.

Article 606

The statement is done serving today at the hearing, and must be in writing signed on behalf of the third party, doorof gearesteerde, be surrendered.

Article 607

If the Declaration of the third sound is found and arrested if the requested condemnation to issue, disputed hijniet him all the costs at his side cases are benefited; He is not required to only af-or overgifte, then voldoeningof against under discount of that cost.

Article 608

If the grounds, on which the third arrested its obligation to issue a statement disputed, are rejected, the Court determines the day on which he will have regard to its Declaration, also with reference to pay the costs.

Article 609

If the third arrested on the convocation by way of explanation, or on the day at the vorigartikel mentioned, negligent remains in the back of his statement, the right against hemverstek and condemns him, from force thereof, to pay the amount of the claim, for which the batter is done, with the interest and costs, as well as if he were purely debtor thereof.

Article 610

The third arrested, however, is authorized to under offer of payment of the costs, in protest against that judgment; If in that case, after explanation, it turns out, that he aandegene, against whom garnishment is done, nothing is due, or that he is of this nothing under zichheeft, he is relieved of his condemnation on the resistance to pay the amount of the claim, for which the batter is placed.

Article 611

If on this resistance shows, that he is less than the amount of the claim of debeslaglegger among themselves or payable, the right has its condemnation to this lagerebedrag back and the third arrested can suffice with the satisfaction or delivery thereof; Justice, however, is authorized to convict him for compensation for the costs, damages and interest by its nalatigheidgel eden.

Article 612

The attaching party has the power to demand that the third, among whom the ad is seized, by its declaration with a solemn oath or declaration confirms.

Article 613

If in the event of a dispute of the Declaration the third arrested in the unsuccessful is, improves right that statement and refer the third arrested for payment or afgiftevan which will be proven by this or to be owed under this. The Court is also competent to vankosten the third arrested to condemn for compensation, damages and interest.

Article 614

The third arrested is obliged to the money, which he thus turns out to have or to the schuldenaaronder this to be guilty, to the attaching party to pay up to the amount of the claim assigned to him at the judgment of deugdelijkverklaring. The attaching isbevoegd to force if necessary, on the third parties arrested, from power of the judgment against hemgewezen, at runtime to stories.

Article 615

Similarly, the third arrested can be forced to issue degearresteerde goods, which are proven to be under him; These are at executieverkocht, and the purchasing tokens to the attaching party up to the amount of the verschuldigdeuitbetaald to him.

Article 616

Opposition to the issuance of the proceeds of seized goods is prohibited to dispose of.

Article 617

If, however, before the verdict to issue against the third parties, in accordance with the procedure in Article 604 arrested mentioned, andereschuldeisers under the third arrested, seizures have been made, the verdict to issue shall be deemed, for all and is arrested or the proceeds of those under allenverdeeld to the amount at which any claim is properly explained , in the same manner as in the third division of the second title des second Bajaj is provided. The third arrested may be required before the issuing niettot all attachments under him are of waardeverklaard or eliminated. Any attachment, whose act has been declared value laid herd of authorized, if other tips fathers their claims to not prosecute, deugdelijkverklaring voorgeschreventermijnen of judicial administration in the pending proceedings between enincidenteel to come to that, that a term of settlement, over hetbeslag of which, as far as it will be explained, if not of value in that case raised is considered.

Article 618

If these creditors do not want to rest in the statement, improved by the third gearresteerdegedaan or by the Court, they are authorized, subject to their right of tussenkomsthangende the proceedings concerning the statement, the third arrested still to call for nadereverklaring and reference, in accordance with Article 604; provided to other grounds enbewijsmiddelen bijbrengende, then in the past proceedings with other creditors are used.

Article 619

This attachment should not be established: 1 °. on property, which declared by law not for seizure prone; 2 °. on in straight until assigned maintenance; 3 °. on fees and year betting to maintenance, which the testator or donor not for seizure prone has stated. Such a determination may be made by one person for the same advantaged in respect of sums of money and a jaarweddentot amount of f 1000, about a year calculated. However must, under 2. and (3). understood, be seized totverhaal by the amount due because of supply of necessities, provided to the party, tegenwie the batter.

Article 620-77

Expired.

Article 621

The creditor shall have the power to put it in this section mentioned batter power to impose modest or private vanauthentieke also among themselves. However should only be implemented after the batter under private documents on hetdaartoe turned in petition it had obtained leave of the Court of first instance of the place, where the attaching party live. The Court is authorised to the batter to eliminate after proper security is gesteldvoor or payment has taken place of the sum, for which it is seized.

Article 622

The batter is laid upon an exploit to the one done to the gelegdwordt, whose. This exploit should contain the description of the documents and, if the onderhandsebescheiden are, in addition, the mention of the judges leave; Furthermore, a nauwkeurigevermelding of the goods or claims which, and of the sum for which dein beslagneming. Unsettled claims and the costs, in which the arrested could be wordenveroordeeld, by the Court for the time being.

Article 623

602, 603, 619 and 620 articles are also on this attachment.

Article 624

The Court decides on the entire application to one sentence, unless he was allowed, which provides part of it earlier than the other can be dismissed, in which case he magovergaan. If the claim is assigned in whole or in part, is the attaching party incompliance on what according to the judgment under the batter falls, the verschuldigdeovereenkomstig him the provisions of articles to 614, 615 and 616 stories.

Article 625

If, however, before a sentence is, pursuant to which story, seizures may occur by other creditors under the attaching party, datvonnis applies in respect of all and 617 and 618 articles are applicable for intensified that to these creditors, with the right referred to in Article 618, if they consider, that over which the attaching party has put batter , under him is based or by hemverschuldigd. If before the batter is placed in article 621, other creditors under the creditor referred to in datartikel batter, comes to Articles 617 and 618ook to the first creditor.

FOURTH DIVISION

BY DISTRAINT FOR RENT AND LEASES

Article 626-78

The landlord of a building or of a rural property, either of which eenhuurcedul is formatted or not, has the power to command, one day after done without leave of dekantonrechter, or also straight away, without prior warrant, with such leave, to do for verschenenhuren take the property, which at 1170 and 1172 of hetSurinaams Civil Code articles for the rent linked explained. The second paragraph of article 585 is on this attachment.

Article 627

The goods of the same class, in so far as such to a subtenant accessories, mogenin wrapped up for rent, payable by the first tenant, but obtains deonderhuurder lifting of the attachment, if he proves that he is without bad faith heeftbetaald. Payments at stock done apply only then, if these are geschiedovereenkomstig article 1603 of the Surinamese Civil Code.

Article 628

The batter is placed in the same way as the attachment of movable property; the person, against whom the seized, may be appointed as custodian.

Article 629

If animals or tools for agriculture, fruit-t or anderevoortbrengselen of agriculture, which already from the ground are separated, or such, which still carries a root and branch, have been seized, the Court of first instance competent to authorise the execution creditor, and after trial or proper summoning of the person executed, eengeschikt, in order for the buildings , collection, processing or bereidingzorg.

Article 630

If fruits t or other products of agriculture, either already separated, either the ground's still carries a root and branch are seized, the seizure procesverbaalvan mention every piece of space, on which those fruits ofvoortbrengselen are located, the content so after possible and the location of the ground and at least two structures, as well as the kind of fruit or other products.

Article 631

The goods may be sold first in property confiscated after the batter bijvonnis by the competent court of value is explained. The judge is required to vóórzijn decision the person, against whom the batter has been laid, to call in order to be heard in its importance. If the batter, in accordance with article 1172 of the Surinamese Civil Code, under a third is done, the Court also these calls to the horenverklaren of value. The batter shall lapse as of right, if the requirement has not been the subject of a confirmation to the Sub-District Court focused application is brought within eight days after it is laid. This term is, if the debtor lives in another district, by article 9geregeld.

FIFTH SECTION

OF BATTER AGAINST DEBTORS, WHICH ARE NOT IN SURINAME A

KNOWN RESIDENCE, AND AGAINST FOREIGNERS,

THAT ARE NOT RESIDENTS OF SURINAME

Article 632

Any creditor, even those not written proof in your hands, is responsible omzonder command, but with prior authorization of the Court of first instance, within whose rechtsgebiedzich the goods, seizure to do put on the property of his debtor domiciled in Suriname a indiendeze not known.

Article 633

The formalities, prescribed by way of execution in respect of the seizure of movable property, are applicable on this attachment.

Article 634

The attaching party is legally keeper of the seized property, in cases where these are under him; If not, then the Court shall have a keeper.

Article 635

The requirements of the first paragraph of article 631 shall also apply for this attachment; the requirement totvanwaardeverklaring is set for the Court of first instance, within whose jurisdiction laid hetbeslag.

Article 636

A stranger, which is not resident of Suriname, may, without a verdict dependent tezijnen exists, by order of the district judge, for being held hostage in respect ofa Council expired and underwriting debt, against a resident of Suriname. The formalities, at the second section of the fifth title of the second boekvoorgeschreven, are also on this hostage-taking applicable.

Article 637

The lifting of the seizure and hostage-taking, at 632 636 and the articles mentioned, is allowed after proper bail or other sufficient security for deschuld with interest and costs.

Article 638

Keep the hostage seizure and of right on and the zekerheidvervalt, asked if the requirement not to confirmation at a gerichtverzoekschrift to the Sub-District Court is set within eight days, after the goods have been seized or the debtor has expressly accepted is taken hostage. The same applies in respect of the seizure, if they are covered by third parties is done, when the petition requiring of value statements not submitted within eight days, after it is, because of the attaching party has been served to the person from whom the goods are confiscated. If the debtor lives in another district, the terms of the indienenvan the application and by meaning, by article 9 settled.

SIXTH SECTION

BY SEIZURE OF REAL PROPERTY

Article 639-79

In the cases provided for in articles 240, may also leave granted wordenom 591 and 632 to confiscate a or individual preferred real estate of the debtor has expressly accepted. On this attachment are the last phrase of the first paragraph and the second paragraph of article 593, 595, 591en articles 592, 596, 597 and 598 shall apply.

Article 640

The batter is placed in the form and with the consequences in the articles 377 and 378, 379vermeld, with this exception, that the bailiff is not on the seized property in need and that instead of the title, in 377 under article 2. called hetverlof, it has to be mentioned, from power which the seizure is made. Moreover, in the minutes of seizure under penalty of nietigheidworden preferred the judge for whom the claim for the confirmation wordeningesteld will.

Article 641

The attaching party is obliged, within fourteen days, after this attachment is laid, there's eenverzoekschrift to confirmation. If the debtor does not live in the district, where the seizure took place, the term of filing of the petition arranged by article 9.

Article 642

Once after the confirmation of the batter is passed hetvonnis, execution is that batter as a repossessions and effected the verkoopovereenkomstig the provisions of the second division of the third title of the second book. The term of article 381 commences on the day on which the judgement to vanwaardeverklaringwordt.

Article 643

Without prejudice to article 596 is the attaching party, which put the batter nietbinnen time term by a claim for confirmation does follow, obliged to, under penalty of compensation for expenses, damage and interests, so to that end, grounds, the transfer in the public records to do delete, within eight days after the termijnvoor setting of the application for confirmation has expired.

Article 644

If the attaching party has not complied with the requirement of the previous article, the transfer of the minutes of seizure in public registersdoorgehaald from power of a declaration by the clerk of the Member in accordance with the second article 640 in the minutes of seizure designated judge, stating, that the time limit referred to in the previous article a claim for confirmation is not set. The cancellation of the transfer shall be made equally in the public registers: 1 °. from power of the consent to cancellation of the transfer of wiensverzoeke to him, they shall be complete, sheet in place as provided for in article 1224 of the Surinamese Civil Code. 2 °. from power of the verdict on the last to lift the attachment; outside of the permission of the interested parties are not cancelled the transfer than taking into account of the provision of article 307 with this change, that the term of eight days after debetekening of the judgment is replaced by that of one month after the delivery; 3 °. from power of a statement by the Registrar, stating, that of the body are afstandgedaan or that this has expired; If the case is referred to another judge, dehier, indicating the verdict statement referred to reference are afgegevendoor the Registrar of the Court, where the case is treated as a result of the reference.

Article 645

The Act, thus making the deletion is hereby authorised, or an authentic copy vanzodanige Act, as well as the statements in the previous article mentioned, remain under dehypotheekbewaarder. An authentic excerpt from the verdict on the last to be lifting of the attachment moethem.

SEVENTH AFDELING80

BY ATTACHMENT OF AIRCRAFT

Article 645a

Subject to the below mentioned derogations in respect of seizure open-air craft the provisions of the first, second, third and fifth section of this title shall apply. The derogations listed below apply exclusively to Dutch and Surinaamseluchtvaartuigen, as well as for the nationality possessing aircraft of a foreign State, as to which the Convention on 29 may in Rome to enigeeenvormige provisions on preventive attachment of aircraft is in effect. Under aircraft means any device, that can be gehoudentengevolge in the atmosphere of the forces which the air on it.

Article 645b

For fittings are not capable of: a. aircraft, which are exclusively intended for the service of a vreemdeStaat, including postal transport, but excluding trade transport; b. aircraft, which actually in service are made on a regular reservelucht luchtlijnvan public transport and the essential craft; c. any other aircraft, which is intended for the transport of persons or goods against payment, when it is ready for such a transport to leave; except in case hetbeslag is placed for a debt, entered into for the purpose of the trip, which is about to take the luchtvaartuigop or for a claim, which during the trip. The provisions of the previous paragraph does not apply in respect of seizure, which wordtgelegd in respect of recovery of a stolen aircraft. 114

Article 645c

Without prejudice to the provisions of the previous article should be no seizure of a luchtvaartuigworden, if sufficient security has been lodged for the prevention thereof. Put batter's Onmiddellijkeopheffing will be welded, when sufficient security. The security is sufficient, if the amount of the claim and the costs no longer covered exclusively earmarked for the payment of the creditor, or if it covers the value of the aircraft, if this is less than the amount of the debt and costs. When in the provision of security to prevent seizure dispute arises to set on the amount or the nature of the security, the Court of first instance, within wiensrechtsgebied the aircraft is located, at the request of the most diligent party, after hearing ofbehoorlijke summons of the other party or its representative. This oproepinggeschiedt by the Registrar by registered letter.

Article 645 d

When in conflict with the provisions of the previous articles or beslagop an aircraft without any legal justification is laid, the arrestee sentenced to reimbursement of costs, schadenen interests. The provision in the previous paragraph, also apply, when the schuldenaarzekerheid has to prevent a seizure, that, were it laid in violation with provisions of article 645b or would be held without any legal justification.

FIFTH TITLE

OF DOING ACCOUNTS

Article 646

The accounting officer, who is negligent in doing account, to this end, after by interested at the Sub-District Court submitted application, called at the hearing; hetgeding is on the ordinary way.

Article 647

At the verdict, while doing account is welded, the judge also first instance declaringa regulation, within which the other party must be served and the account to proof seeking modest at the Clerk's Office must receive evidence or through wordenmedegedeeld.

Article 648

In the event within the time limit set in the previous article the service has not taken place, or if the accounting officer fails to account to do so, he is forced to do so, if ditgeëist by seizure and sale of goods totzodanig amount, as at the verdict is determined. Also, the courts have jurisdiction to constraint against him.

Article 649

If a judgment on appeal is destroyed, with a requirement to do vanrekening and accountability was rejected, the account is done right and rated for ebony, for whom the requirement is set, or for and by such other alsbij the decision on appeal to this Court, is appropriate.

Art. 650

The account should contain the actual revenue and expenditure. In the event that the ontvangstende exceed expenditure, is the one to whom the account is done, the power to recover a Justice's edict to the payout of that surplus, without which it is intended thereby to have approved the Bill. This edict is given in the form referred to in article 305.

Article 651

Within the time of one month of service is, to whom the rekeninggedaan is, approving it, or else to its customer is a composition of debate TODO meaning, unless the Court, for equitable reasons, granted to him a longer postponement. Within an equal period after the service of the writing of debate is he who has done competent to identifier to its customer is a pleading of contra-doenbetekenen debate to justify his account and solution of the ingebrachtebedenkingen against it. The documents submitted at the end of the explanatory mutual; thereof shall be notified to receive evidence or through the registry.

Article 652

Fourteen days at longest after service of this explanatory contra-ofdadelijk debate after the course of the term granted, recommends that the judge, on the application of deeerst requesting party, that the parties, date, hour and place at edict determined, zullenverschijnen for him, in order to explain about the disputed articles, and were it possible, hetdaaromtrent. If the accounting officer in that case does not appear, 648 article apply to him. If the parties cannot reach agreement, the judge of all procesverbaalop; He shares to parties the day and hour of the oral hearing, to which he refers parties; the parties should act, without further notice or summons, there, in order to nominate its interests oral.

Article 653

At the verdict, that falls on the debate's account, the amount of the entire retrieved outgo put up and the balance to be determined.

Article 654

A herrekening should not be allowed on the basis of miss layers of calculation, omissions, false or double brought posts; parties are only competent to daarvanaan the same right to claim reparation.

Article 655

If he, to whom the account needs to be done, has failed to do his writing vandebat or later in the manner prescribed by article 652 to nominate his interests, the Court decides on the documents produced, without wordttoegelaten resistance against this decision. If, as a result of this decision, the accounting officer monies due, ishij power to it, until they are looted, without having to keep interest due age up, among themselves.

Article 656

An accounting officer, who desires to do, taking turns, in case of refusal or nalatigheidvan the person concerned to include on and close, by application to justice, voorwie the accounting officer to make account could be called, with request interested to do calls to the account and close.

Article 657

In this case, litigated in the ordinary manner, taking into account the bijzonderevoorschriften of this title.

Article 658

If, however, bénéficiaire heirs, the curator in an estate which has been accepted under hetvoorrecht of inventory, the curator in an unmanaged estate or another accounting officer, calls for account, and this account has to be done, hetzijaan a stakeholders group, either to stakeholders which only partly bekendzijn, either there finally absentees among the stakeholders, turn the rekenplichtigenzich by application to the courts mentioned in article 656 , with request for against a bekwametermijn, all so known and unknown or absent stakeholders to do calls.

Article 659

The Court determines that term according to the presumed distance of the place of ofverblijfplaatsen of relevant stakeholders; He also recommends, that of the convocation, to extent of more or less big importance of the case, either once or more than once, communication has to be be done in one or more at the command preferred news sheets and again, datafschrift is pasted up on the hearing room of the judge.

Article 660

The command also in the charge to the Registrar by registered letters to known interested parties 3.2 for the sake of completeness, to which the applicant in zijnverzoekschrift their names and residences.

Article 661

The accounting officer shall submit his account with the modest, against receive evidence, the clerk of the lower course of the term, gedurendede available for inspection by interested parties and announces this on in the newspapers in which the notice is posted.

Article 662

In the day serving treats the judge the case and does it for fallen process verbal format.

Article 663

He grants default judgment against defaulting as known and unknown stakeholders enbeveelt a second summons, in like manner as provided for in articles 659 and 660; he loves in relation to the defendants, that have appeared, the case up to the day, on which zijopnieuw. The judge, acting on a day in court that further, if one or more of the opgeroepenbelanghebbenden once again did not appear, their act; He treats the matter further and beslistdaarin.

Article 664

This decision is binding for all parties; resistance is not allowed. Article 665

If there is a rank system should take place in accordance with the rules on this subject in this code shall be common.

Article 666

The accounting officer may, pending the disputes on the collocation, relieving the based balance by overstorting under him in the greenhouse of judicial consignatiën; Justice is also authorised to make such a overstorting on the claim of a derbelanghebbenden or more recommended.

Article 667

If, in the cases prescribed by article 658 indicated, on the oproepingniemand appears, and is offset a second summons ordered; If no one shows up, sew the right ookdaarop the Bill and shall work out the balance in such a way as he due to the modest legitimate judges. Resistance against that judgment is not allowed.

SIXTH TITLE

OF ANY SPECIAL CRIMINAL JURISDICTION

FIRST DIVISION

OF OFFER OF PAYMENT AND OF JUDICIAL

DEPOSIT OR CONSIGNMENT

Article 668

The minutes of offer of payment must be cash money, the business or the nature of what one offers, mention it. The offer must be made to the person or to the residence of the creditor should be included endaarin the answer of the creditor or, if he is absent, vanhem, to whom the offer is made. This reply belongs by the creditor, or, in his absence, by him who has given to reply and be signed. If the creditor, or he who has given the answer, refuses to be able to do this no ofverklaart, signs inform in minutes; the notary or bailiff close this official report, dagtekent and signs the and laatdaarvan a certified copy to the person or to the residence of the creditor, allesop under penalty of nullity. In case the notary or bailiff nor the creditor, nor any of dienshuisgenoten to his residence, he acts as provided for in articles 3 and 4. Article 669Indien the creditor takes the offered case or not, the sum of money in court custody, provided that schuldenaarhaar taking into account what is prescribed in articles 1425 to 1433 of the Surinamese Civil Code.

Article 670

The requirement to vanwaarde-or for annulment of the offers made or debewaargeving is treated as an ordinary claim. If such a ofbewaargeving in a pending offer for me to enter an appearance, she is treated as an incident.

Article 671

The voluntary or the judicial deposit shortened by no means the rights uitgedane seizure, so that has taken place,; It must be served to the batter fathers enopposanten.

SECOND AFDELING81

OF THE AUTHORISATION OF A MARRIED WOMAN

Article 672-82

The spouse who wants to invoke the decision of the Court under articles 159, paragraph 4 paragraph 4 or 5, 158 160 161 162 (2), (4) paragraph 2, 165 or 172 163 (4) of the Surinamese Civil Code should do this by application. Jurisdiction is the district judge of the place of residence of the other spouse, and indienalleen the applicant domiciled in Suriname, the District Court of his place of residence. The Court may, before deciding, blood relatives of the spouses. In every instance the Court decides as soon as possible; the Registrar shall forward eenafschrift of the final decision without delay to each of the spouses by registered letter. Appeal is open only for the spouses vanverzending within fourteen days after the day of the copy of the decision.

Article 673-83

Expired.

Article 674-84

Expired.

THIRD DIVISION

OF INTERRUPTION OF A MARRIAGE

Article 675

The Act, in which up to interruption of a marriage must contain degronden of resistance, the resistance, the nature, which shall be annexed to the opponent right against hethuwelijk, and the choice of a residence in the place or places, where the huwelijkmoest be carried out; everything under penalty of nullity. They need both to the officer of the civil registry as to the party, against which the opposition is directed, be served.

Article 676

The requirement to lift the interruption must be made on a regular enbehandeld for the Court within whose jurisdiction of residence is chosen, which thereupon zospoedig possible decided. If residence is chosen within the jurisdiction of more than one district judge, the case is made for one of those district of judges, at the discretion of the administrator.

Article 677

Against the verdict, taking on the claim for waiver of the interruption of the huwelijkis decided, at the latest within fourteen days appeal allowed.

THIRD DIVISION A85

OF ADOPTION

Article 677a

1. An application for adoption is submitted in writing to the fivefold bevoegdekantonrechter. 2. Be responsible for examination of the application is the district judge of the place of residence of the hetkind, or, if not domiciled in Suriname has, from his real residence; hetkind in Suriname has neither his residence nor his real residence, then the kantonrechterin the first Canton competent. 3. The petition mentions, since which time the child by the adopters has been taken care of, where they have lived since that time, and again the name, first names and the woonofverblijfplaats of the adopters, of the child, by his guardian, from his supervisory guardians of his parents, as well as four of the closest relatives of deadoptanten and legal age of the child, preferably from both liniën. 4. To the application be in transcript provided: a. the instruments of births of the child and the adopting parents or, as far as such acts in its stead, the aktenontbreken of Fame referred to in artikel125 of the Surinamese Civil Code; (b) the marriage certificate of the adoptants. 5. Required pursuant to the previous paragraph, copies of civil standvermeldende notes, which itself on the side of the contacts. Within three months prior to the day of submission of the request have been issued.

Article 677b

1. the Registrar draws the filing date on the petition to and forward-unless dekantonrechter is immediately unauthorized explains, or rejects the application are not fulfilled due to hetkennelijk of the legal conditions for acceptance-eenafschrift of the application without delay to the Guardianship Council. 2. The Guardianship Council investigates and brings within three months, subject to extension of demo equality of this term by the district judge, report and advice uitover the requested adoption. In cases, in which the decision on the application of article 342m of the Surinamese Civil Code should be detained, devoogdijraad can suffice with a preliminary report. 3. The documents referred to in the previous paragraph are filed at the registry, and then dekantonrechter the day, on which the application will be dealt with at the hearing. 4. The decision under article 342m of the Surinamese Civil Code, the Canton foreign judge orders that, over a period to be defined by him, a further report with advice by the Guardianship Council will be submitted at the registry uitgebrachten. Gives the Registrar command knowledge to the applicants by the district judge to be defined manner. In this case, the determination of the day of hearing wordenopgeschort, until the detailed report with advice is submitted. 5. Immediately after the adoption of the day of the hearing by the Registrar are deverzoekers, the mother, the father to the child in civil relations law, Dean, the supervisory guardian and the Guardianship Council, by registered letter or in another manner determined by the district judge, called upon the hearing to appear. The calling of each of the parents, if they shall be or shall be served by letter, a copy of the application.

Article 677c

1. the treatment shall be carried out at the hearing in camera, to which the kantonrechterom special reasons access. 2. The business content of the documents referred to in article 677b, (2) and (4) is not later than the first hearing notified to the applicants and parents. 3. Is the application for adoption of a legitimate child and is one of the parents passed away, dandoet the Court of first instance, if possible, two of the closest blood or marriage of deoverledene at verhore calls. In all cases he blood relatives of deadoptanten and of the child, as well as witnesses and experts, hear. The verhoorgeschiedt at the hearing. The Convocation shall be carried out by the Registrar by registered briefof on another manner determined by the cantonal judge. 4. When neither adopters guardian of the child is, the kantonrechtervooraf in child custody, so to that end, grounds, and, to the extent necessary, with gelijktijdigeontheffing or deprivation of parental authority; against this is not a separate beroepopen. Is the provision, then the Court of first instance the research on deterechtzitting for a period of not more than six months barks. 5. In cases where the child for the hearing on the given day twelve years or ouderis, and Furthermore, in cases where the District Court so desires, the in, after raadkamergehoord on a manner determined by the Sub-District Court being recalled; If necessary, gives the district judge, by the intervention of the public prosecutor an order totmedebrenging. He can also invite others present at the hearing of the child age up. 6. Before the investigation is concluded, the district judge in the custody Council get further advice orally at the hearing; then share hijdag and hours of the ruling Commission. 7. The verdict is pronounced in public.

Article 677d

1. If the request is granted, the judgment because of the Guardianship Board as possible served on the mother and to the father in civil relations to hetkind. 2. The cost of documents shall be borne by the country.

Article 677e

1. Of the judgment and, if paragraph 5 has been applied, article 677d of the gegevenvoorziening in the custody can appeal in advance: a. If the request is rejected: the applicant; b. If the request is granted or in the custody includes: the Guardianship Council, alsmedeieder of parents, with the exception of the father who is not in civil relations on the discharge for the child. 2. The action approved with application within thirty days on which the judgement isuitgesproken. The Registrar shall send a copy of the petition to devoogdijraad, unless the job itself has set. 3. The 677b (5) 677c (1) and articles 3 to 7, and find 677d apply mutatismutandis. 4. The Court of Justice can, so, to that end, terms, also outside the case referred to in article 677b paragraph 4, with a further report with advice by the Guardianship Council do.

Article 677f

1. an application for the revocation of an adoption shall be informed in writing, with reasons, invijfvoud filed with the district judge who submitted the request to deadoptie at first instance has decided. 2. The application shall indicate the name, first names and the place of stay or residence of deverzoeker, by his spouse, his children, from his adoptive parents, zijnnatuurlijke's parents, as well as four of the closest relatives of zijnadoptief-adult parents and of his natural parents, preferably from both liniën. 3. To the application be in transcript provided: a. the Act of birth of the applicant or, as far as this Act in its stead, dedaarvoor if lack of competence referred to in article 125 of hetSurinaams civil code; (b) the Act of registration of the adoption. 4. 677a (5) is article shall apply mutatis mutandis.

Article 677g

1. the Registrar draws the filing date on the petition to. 2. The subdistrict court shall inform the day fixed for the hearing, which the application will be covered. Desgeraden he wins before the opinion of the Guardianship Council. 3. Immediately after the adoption of the day of the hearing by the Registrar deverzoeker, his adoptive-parents, natural parents and spouse as well as the Guardianship Council, by registered letter on another manner determined by the district judge, opgeroepenom on the hearing to appear. At the calling of each of the adoptive-ouderswordt, if it is carried out or by letter, a copy of the verzoekschriftgevoegd.

Article 677h

1. the treatment shall be carried out at the hearing in camera, to which the kantonrechterom special reasons access. 2. If the opinion of the Guardianship Council is sought, the business content are informed on the first hearing to the notice of the applicant and of the adoptive-oudersgebracht. 3. Article 677c, (6) and (7) is in accordance with application.

Article 677i

1. when the request is assigned, the verdict because of the Guardianship Board as possible to each of the adoptive-parents. 2. The cost of documents shall be borne by the country.

Article 677j

1. The judgment may appeal: a. If the request is rejected: the applicant; b. If the request is granted: the applicant, as a child, as well as each of the adoptive-parents. 2. The action approved with application within thirty days after the day on which hetvonnis is pronounced. The Registrar shall send a copy of the verzoekschriftaan, unless the job itself has set. 3. Articles 677g, 677h 677c (6) and (7) paragraphs 1 and 2, and find 677i apply mutatismutandis.

Article 677k

Of all statements, in this Department, the Registrar shall send a copy to devoogdijraad.

FOURTH AFDELING86

OF THE LIFTING OF THE COMMUNITY OF PROPERTY

Article 678

No legal proceedings to lift the community of goods can wordenaangevangen without leave of the Court of first instance of the place of residence of the defendant and the plaintiff domiciled in Suriname, indienalleen of the District Court of his place of residence.

Article 679

The spouse who lifting of the community asks, immediately turns to the right application, containing the grounds for the requirement. The judge at first instance will edict, posted on partijengel for the application, on a certain day and a certain hour for him to appear in person, to Association test. The judge allows this edict and this application at least three days before debepaalde day of appearance to parties.

Article 680

In the event that the applicant fails to appear on a certain day, without a legitimate reason TODO turn out the request is deemed to have lapsed. If the parties, both of them being published, not United, or if the other spouse, duly summoned, has not appeared, the judge shall grant leave for a petition to lift the community.

Article 681

The requirement will be announced in one or more daily newspapers designated by the Court. The publication should include: 1. the mention of the requirement to remove the community of goods and dedagtekening of the application containing the claim; 2. the name, first names, profession and residence of each of the spouses.

Article 682

The measures taken by the plaintiff under article 186, 2nd member of the Surinamese Civil Code can take are sealing, inventory and valuation of dergemeenschap goods, as well as preventive attachment of property of the community in accordance with the ten following articles.

Article 683

Leave it to one or more of these measures may on the right asked at or after the submission of the application referred to in article 679. The Court may grant leave to the defendant calls before this.

Article 684

On the attachment of movable property of the community, other than to articles 314, zijntoepasselijk, first paragraph, second sentence. and third member, 317-319, 321, 322, 326-328 and 597 of this code. On the batter on Community vessels articles 444 445, enderde first, second paragraph, with the exception of the provisions concerning the advanced sums, 446 and 447toepasselijk. For the purposes of article 319, the value of the confiscated well in the location of the seats of the amount of the claim, for which the batter. To keepers of the good shall not be appointed the arrestee, nor Additionaly or grandchildren of the spouses or one of them, unless with uitdrukkelijketoestemming of the other spouse.

Article 685

Under the batter must not be understood the movable property, of which the andereechtgenoot shows, that they do not belong to the community.

Article 686

He who claims to be the owner of a seized well, can stand up against the beslagneming in the manner referred to in Article 329.

Article 687

When leave from article 683 from power under a third on money or property, due or belonging to the community, seized with opposition to the issue thereof, the exploit apart from the ordinary requirements of it on pain of nullity, in dekeuze of a residence in the place where the third is living. The article 347a of the law on civil procedure shall apply mutatis mutandis. Within eight days after doing the batter the arrestee is obliged under penalty to mean the vannietigheid to the other spouse. Within a month after the verdict on the lifting of the community in krachtvan is required has become final, the attaching party at the competent judge of the derdegearresteerdeonder production of a copy of the judgment to dienenteneinde the third petition-to do call at the hearing arrested to do vanhetgeen he Declaration of the community among themselves has or owes her and again to wordenveroordeeld to issue to the holder in accordance with the Act of separation and delingbinnen fourteen days after it him will have been served. The articles 605-614 and 615 of the first phrase of article apply mutatismutandis.

Article 688

On the attachment of real estate of the community article 640, paragraph 1, is applicable.

Article 689

The verdict on the rejection of the demand for the lifting of the community beveelttevens the lifting of the attachment. For assignment of the requirement means the batter on the community by the actual distribution of the goods have been delivered.

Article 690

At the request of the other spouse, the Court has granted leave to complete, total or partial lifting of the attachment give permission to grant or alienation, objections, rental of seized property, under such a voorwaardenals he will deem necessary. Judge rules not then after trial or proper summoning of the arrestee. By zijnbeslissing be appealed within 14 days of the date of the decision.

Article 691

The transfer of the batter on the real estate or teboekgestelde schepenwordt in the public records deleted automatically: 1. from power of the consent of the plaintiff, in accordance with article 1224 of the Surinamese Civil Code sheet; 2. from power of a lifting of the attachment. Outside the consent of the person concerned is not doorgehaalddan the transfer having regard to the provisions of article 307 of the code; 3. from power of a declaration by the clerk at the Court or judicial college, value requirement to lift the last pending community was that of the instance is afstandgedaan, this has expired or that the claim is rejected and no appeal meeropenstaat; 4. ex officio by the mortgage Registrar at the transfer of the vanscheiding Act of marriage community or an extract thereof. Article 645 of the law on civil procedure is also applicable here.

Article 692

The seizure prevents the seizure and recovery of the goods by derdenwegens debt by the other spouse after the seizure. The excess of the proceeds ener by third parties continued recovery is at physics, biotechnologies, the stakeholders are returnable.

Article 693

Subject to the provisions, with a view to maintenance of right, on the demand of the community no judgment be pronounced totopheffing, then a month after the publication prescribed in article 681 has taken place.

Article 694

The single confession of the defendant does not apply as proof.

Article 695

The lifting of the Community shall be made public by the placement of eenuittreksel of the sentence in the Ad Journal of the Republic of Suriname. That excerpt must contain the date of the judgment and the designation of the Court or Tribunal that it has pointed out, and the names, first names, profession and residence vanieder of spouses. The grounds on which the judgment is based, may not be included in the excerpt. In the verdict can be determined, that the open publication also includes deplaatsing of an extract, as referred to in the previous paragraph of this article, in one or more daily newspapers designated in hetvonnis.

FIFTH SECTION

OF DIVORCE

Article 696-87

The husband, who wants to do an action for divorce, shall submit an application to the kantonrechterin, containing a statement of the facts, which irretrievable breakdown of hethuwelijk as a result and by the requirement, enclosing the to proof seeking pieces. The applicant husband in person should this petition to dekantonrechter. The district judge keeps him in such a hijraadzaam for reservations, as judges. If the claimant is legally prevented to join to join the district judge, to begeeftdeze des plaintiffs living place to him its reservations under the eye.

Article 697

If the plaintiff is persisting, welded the district judge that both spouses on a bepaaldedag and hour for him will appear. The order shall be noted on the application; the Registrar shall send a copy of it to deverweerder.

Article 698

The spouses are obliged to appear in person; they are not allowed to be assisted by relatives or counsellors.

Article 699

On the given day makes the district judge to both spouses or only to the claimant, indiendeze appeared, such comments as he deems advisable a verzoeningte. In the event the plaintiff fails to appear, without any legitimate reason to doenblijken, the request for divorce held for expired. The results of this appearance the Court a written report format.

Article 700-88

The Court of first instance shall have jurisdiction to hear and determine, in association, for the duration of the proceedings, dismiss partijente from the requirement of cohabitation, which he can also provide that a derechtgenoten will be entitled exclusively to the use of the marital home, and voortsbevelen that to the other spouse the goods to his daily use linear zullenworden in hand, the same way he may determine in stock; in which of the spouses the children inmiddelszullen; If the children are not already in the actual power of that spouse, is also in the decision issuing the children to this ordered; the provisions of the second, third, fourth and fifth paragraph of article 371st bis of the Surinamese Civil Code are applicable in this matter. The district judge is also authorized, to soils to determine the sum, which would result from tracing, one spouse must provide for the time being to maintenance of the other spouse and stay with him, and also for the time being which Additionaly a parental access between the child and the parent with whom the not staying. These decisions throughout the lawsuit her strength, until the rechteromtrent the subject of those decisions. If the Court uses the power, not use it by article 267 of the Surinamese Civil Code granted, the decisions under this article on the children in force until hetvonnis, where the action for divorce is rejected, has obtained the force of res judicata, or, in the case of allocation of that requirement, until a month has expired, after the as a result gegevenbeschikking providing for the custody has obtained the force of res judicata.

Article 701-89

Expired.

Article 702-90

If the district judge has not been able to unite the spouses, the matter away the ordinary way; the verdict is pronounced in public. If there are grounds to evidence at the hearing of witnesses, has degetuigen in accordance with the ordinary but with closed doors.

Article 703-91

The incidental claims, done following the articles 266 and 267 of hetSurinaams civil code, and that to modification or lifting of decisions must be reasoned products of article 700 at the hearing. The measure which he who asks divorce, following article 268 of the Surinamese Civil Code should take to preserve his right, are the same as those ensuring for himself in case of a claim for waiver of the community of property in article 682van this code. He will, however, to laying attachment can obtain leave only in the event of well-founded fear of Eclipse.

Article 704-92

The formalities, prescribed for the petition for divorce, his fellow pertinent to the claim for judicial separation as in article 286 of the Surinamese Civil Code. The requirement of article 1931, paragraphs 2 and 3, of the Surinamese Civil Code is applicable, both at the advancement for separation due to bepaaldeoorzaak, as with the petition for divorce; with this change, however, for the beiderechtsgedingen, that the parents and children of the spouses of giving getuigenismogen change.

Article 705

The verdict, in which divorce or legal separation is pronounced, moetopenbaar be made in the manner laid down in article 691.

SIXTH SECTION

THE MODE OF PROCEEDINGS IN MATTERS RELATING TO MAINTENANCE

Article 706

The legal actions, only seeking to: 1 °. determination of alimony under the first book of hetSurinaams civil code, 2 °. amendment or repeal of a judgment or an order, in which a decision has been given overzodanige allowance, 3 °. amendment or repeal of a by parties in respect of such maintenance getroffenregeling, be set by application. Under maintenance is understood maintenance and upbringing of a minor. The petition contains the facts and circumstances on which the claim is founded, necessary or with the supporting documents submitted to the Court of first instance, with zoveelafschriften as there are defendants. The Canton of judges of the place of residence of the applicant, of the defendant or of a derverweerders, at the choice of the applicant, have the authority to in the first paragraph of the genoemdevorderingen take note.

Article 707-93

The Registrar draws on the petition the day of receipt and shall forward without delay a copy to bijaangetekende letter of the petition and of the associated bescheidenaan each defendant. A notification is attached, stating the time, binnenwelke according to the last paragraph of this article, a statement of opposition may be filed, and the resultof, by the first paragraph of the article to submit to the non-connected. If nochde residence, nor the place of residence of the defendant is known, places the Registrar onverwijldeen summons to pick up the pieces intended for him in one or more newspapers designated by dekantonrechter. The defendant shall, within three weeks, if he stay or residence in Surinameheeft, and otherwise within five weeks, after the day of shipping or summons, a statement of opposition the right in.

Article 708-94

The right designates the claim without further questioning of parties, if not within the legal term a statement of opposition is received, the claim him at true onrechtmatigof unfounded. If the defendant has no known place of residence or stay in Suriname, first instance declaringa regulation of resistance amounts to five weeks. Each defendant, not listed in this decision, is based, has the power to bijverzoekschrift against her in opposition to come within eight days after the decision or any uitkracht thereof formatted or implementing them seeking him in person betekendof act after committing by him from any act, where necessary, that the beschikkingof the implementation initiated him is known. The petition shall be accompanied by a copy, that the Registrar shall transmit without delay to the initial applicant.

Article 709

If, within the legal term a statement of opposition or if an application is received, totverzet determines the judge a day for the hearing of parties and, in the case devoogdijraad is a party, of the person under whose parental authority or child custody the minor State. There are more defendants, then, as long as not all have submitted a statement of opposition, with determining the day waited until the close of the period for the submission of verweerschriftengeldende. The judge is authorized, according to the claim the maintenance of a meerderjarigeof a minor, the written advice of the Guardianship Council, not for zoverdeze party is at stake. The opinion shall be delivered within a time limit fixed by the Court and shall be open for inspection griffievoor the parties, parents and guardians. The convocation, referred to in the next article, the parties concerned in that regard. The Court is authorised to in each State of the matter to each of the parties, by documented, the verstrekkingvan certain data concerning private income or wealth, which he considers necessary knowledge staff were helpful and friendly.

Article 710

The summons of the parties, parents and guardians shall be expressed in letters from the Registrar, stage not later than the second day following receipt of the in the previous article bedoeldadvies or after the deadline and, the judge such advice nietingewonnen, after the questioning is certain. Neither one of them has a known place of residence nocheen residence, then insert the Registrar the notice without delay in one or more intended for him by the court designated news sheets.

Article 711

The Court is authorised to against the day of the hearing or a further day trial vangetuigen about certain facts. The witnesses are thus possible in the beschikkingaangewezen and by the most diligent party called up or medegebracht. Her petition or statement of opposition to anything which parties may have the desire, that by its name and place of residence with designated persons as witnesses to be heard. Articles 141, 143, 144, 145, 146, 147, 150, 151 and 152 are on the getuigenverhorenvan shall apply mutatis mutandis. At the end of the trial or the further trial shares the right Commission, when deuitspraak will take place. The right has possible.

Article 712

The Registrar keeps minutes of which on the occasion of the trial occurs, indicating the business content of the statements by parties, parents, guardians, engetuigen. The Court is authorised to make orders, that in the minutes of any given verklaringaantekening will be done. The judge, who has attended the trial, and the Registrar set the minutes zospoedig possible after the trial and sign the.

Article 713

The decisions referred to in Articles 708, first paragraph, and 711, last paragraph, opstraffe of nullity be reasoned and in public. They kunnenuitvoerbaar in stock. As to costs applies to articles 60-64.

Article 95-713a

To the party, that is not personally or from authorized at the pronunciation nowadays isgeweest, the district judge to inform the contents in the manner determined by article 119derde as member.

Article 714-96

The claimant, whose claim was rejected in whole or in part, and the defendant, against whom after a hearing of the parties, referred to in article 709, the claim is assigned in respect of whole regardless of whether or not he has contradiction or verhoorverschenen, of the judges decision within unless he has in the decision is based, inhoger job at the Court of justice within 30 days , counting from the day of deuitspraak, or, if the applicant in job not with the pronunciation nowadays, binnendertig days, counting from the day on which the decision is communicated to him. The treatment of the appeal will take place in the same manner as that in the Courtof first instance.

SIXTH SECTION A97

THE MODE OF CROSS-BORDER LITIGATION BUSINESS COMPARATIVELY

TO A LEASE PURCHASE

Article 714a

Handling cases comparatively to a hire-purchase shall be made in accordance with the ordinary measures, insofar as they are not at the following articles or elsewhere has departed.

Article 714b

The claimant will at its discretion at the registry of the District Court in welksrechtsgebied the other party is resident, her company based heeftgekozen, place of residence or the sold thing has been transferred to the buyer, submitting a petition, where district judge is called upon to determine a day, on which the Court will be covered. In the absence of a designated judge, by the last member is the verzoekschriftingediend at the registry of the District Court within whose jurisdiction the plaintiff is resident or domiciled, zijnbedrijf has chosen. The application also contains the data in accordance with the ordinary. As many copies as there are accompanied by counterparts involved in the case.

Article 714c-98

The seller, who issued an order for the restitution of a hire purchase overgedragenzaak at stock requires, turns at reasoned application to the District Court. This will return the commands, if aannemelijkwordt made him the merits of the request. Before, the Court may hear the buyer. In the edict, the judge orders, that in the implementation to determine amount by hemte security will be held liable for the costs, thereby to cause schadenen interests. The ordered security is offered at the service of the writ, which precedes to the implementation. The decision, in which the command is issued, can be explained bijvoorraad executable, notwithstanding appeal, even at the minute. Within three weeks of the granted command will the seller claim for derovereenkomst or for restitution of the dissolution case or confirmation of return in stock moetenaanhangig. In the absence of this, and in the case of rejection of the claim, the seller may have implemented, held that command are the buyer compensation claim set lend the former State to restore.

SIXTH SECTION B99

OF THE PROCEDURE IN THE CIVIL SERVICE

Article 714d-100

Claims as referred to in article 79 paragraph 1, of the personnel law be made griffievan the Court of Justice in petition. The Registrar draws on the petition the day of receipt to onverwijldbij and send registered letter a copy of the application to the other party. The defendant, shall, within six weeks after the day of shipment at the registry of the defence in Hofeen. The Court may, if there are grounds, this period shall, at the request of deverweerder each time with a maximum of equal duration. The Registrar shall send a copy of the statement of opposition to appeal to deeisende party.

Article 714th-101

After the statement of opposition is received or the term for submission thereof, determines the Court isverstreken a day for the hearing of parties. They are called bijaangetekende letter by the Registrar. The term of notice shall be at least fourteen days. Parties may be represented or assisted by agents. Agents, with the exception of the lawyers must meet the Court ofnotariële a private deed of mandate. The Court may require the personal appearance of partijengel.

Article 714f-102

The Court may require the submission of the case on betrekkinghebbende official stukkengel. If and to the extent so required for urgent reasons of public interest, the Court wordtgevorderd to a party the notification of certain official stukkenonthouden. The Court makes no use of such documents for the proof of a fact by those partijbetwist. The Court may of its own motion or at the request in respect of certain designated facts ofomstandigheden hear witnesses or experts, or by the court-appointed receiver doenhoren. The rules on expert witnesses and the post have analogy.

Article 714g-103

At the end of the trial the Court as soon as possible on reasoned judgment in public ruling.

SEVENTH DIVISION

OF ADDITION OR IMPROVEMENT OF CONTACTS OF THE

CIVIL STATUS

Article 715

He, which, pursuant to article 64 of the Surinamese Civil Code the complement ofverbetering of an act of civil status, in straight want to do recommend, should for this purpose prepare to the judge, which in article 65 of the same Code is reported, a draft petition. The judge has the power to recommend the calling of interested parties; the request can also be done in a pending lawsuit. The case is treated as an ordinary claim. The verdict is subject to appeal, if the applicant's ofverbetering only supplement also is in question.

EIGHTH SECTION

OF COMPULSORY ISSUE OF DEEDS

Article 716

He, who in the course of proceedings a copy or extract of a delivery Act, in which he did not want to do is party, does his claim to hard issue with omkleedaan reasons the Sub-District Court.

Article 717

The Court is authorised to the execution of the judgment, notwithstanding resistance higher job, recommended.

Article 718

The notary or custodian is required to have on presentation of the verdict or the copy of hetuittreksel from the deed to be delivered; the notary or the depositary shall written report. Parties are entitled to in drawing up that report to be enhun comments in it today.

Article 719

If disputes arise, therefore, be this on the day that the hearing should be wederomter, without any further notice; the notary or the isverplicht keeper to bring the Act if the Court grounds to present eight. The Court decides in the dispute, after the original certificate with the statement or to have hetuittreksel compared. The plaintiff is required to the cost of the minutes, which the travel or relocation of notary's Office or of the depositary, in addition to that of making a copy to ofuittreksel, for shooting.

Article 720

The clerks and other keepers of public records are required to daarvanzonder court order, against payment of the cost to deliver aanhem, copy or extract, which so requires, under penalty of compensation for expenses, damage and interests. Nevertheless to him, not party in the matter is, issuance of the judgment in one criminal case did not come to pass, without the authorisation of the judge, who, or of the Chairman of the Court of Justice, which has the judgment; the request to this end should only be toegestaanop the evidence, that the applicant has an interest in doing so.

Article 721

The notaries or other custodians of minutes or records are required to them, against payment of the costs, transcript to reach out both to the belanghebbendepersonen immediately, as to their heirs or assigns. In the event of refusal is the District Court jurisdiction to condemn them to do so, metvergoeding of costs, damages and interest, where soils are present, verhaalbaarzelfs at constraint.

Article 722

Therefore, the dispute is treated as an ordinary claim and the Court is the execution of the judgment incompliance with stock recommended, notwithstanding objection or hogerberoep. With regard to the compensation, however, the latter only toestaantegen the right of adequate security.

Article 723

The party, which wants to authorise a second or further grosse, to that petition to the Sub-District Court breaka, zijnwoonplaats the custodian within whose jurisdiction; the judge orders, if necessary, to the depositary to on any given day and issuing uurde to do, and to interested parties when issuing today; to the foot of the second or further grosse should mention that edict, together with the sum, for which the piece can be implemented, if deschuldvordering is partially met or handed over.

Article 724

In the event of contradiction, the cantonal judge.

Article 725

To the same party may second or further issuance in enforceable form of eenvonnis only be done under an order of the district judge or President of the Court of Justice, which it pointed out; daarenbovenworden taken into account should the forms, which are prescribed in bekoming of second ofverdere grossen of deeds.

NINTH WARD

OF DENIAL OF JUSTICE

Article 726

There is denial of Justice, if a judge refuses an application, or tebeschikken in a pending lawsuit for him to decide.

Article 727

The proof of denial of justice comes deemed by two gerechtelijkeaanmaningen on the right done in the person of the clerk of the Court, and meant by eight to eight days at least. All judicial officers, requested, are obliged to do these reminders, under penalty of dismissal. Against the Court may over at least six days after the second reminder, eenvordering for compensation for costs, damages and interest.

Article 728

The judicial procedure under denial of Justice against a district judge or President or a member of the Court of Justice shall be brought in the first and highest resort for the Court of Justice.

Article 729

This legal action is brought by filing an application to the Court of Justice. supporting documents, if any, should be attached, and the applicant choose moetwoonplaats in the place, where the Court sits.

Article 730

The Court does the application to the judge, against whom it is directed. To this end, a copy of that command and of the petition, with the gevoegdebewijsstukken, within the time limit set for that purpose by the court clerk of that rechterbetekend.

Article 731

Within the time limit set by the Court after that service is held, the right to bring in his defence in a written answer with the clerk of the Court of Justice and to do datantwoord to the plaintiff.

Article 732

The judge, against whom the claim is directed, shall refrain, during the onderzoekdaarvan, of the notification of the referral proceedings, in which the beweerderechtsweigering would have taken place, together with all the Affairs, which he set up, at the vorderingheeft, which brought him, under penalty of nullity of the judgments. He must be, in like manner and on pain of nullity, refrain from dekennisneming of cases pending before him, in which next of kin in the straight line of him, Sarwar claim has done, or his spouse, are parties, if this this claim.

Article 733

The Court of Justice decided after the expiration of the time limits on destukken above, unless the college for further information if desire or admit. Of case, in which that information has been contained, that must be served in the manner as is prescribed in articles 730 and 731.

Article 734

If the action is well founded, the Court sentenced to vankosten, damage compensation and interest towards the applicant. The proceedings, in which a denial of Justice has taken place, have to, so to that end, grounds, be referred to another judge.

TENTH AFDELING104

OF VIOLATIONS OF

NOTARIES AND OTHER OFFICIALS

Article 735-105

Violations of notaries and other officials, which the civil court takes notice, and criminal cases for information of the Sub-District Court prosecuted and brought to justice.

ELEVENTH DEPARTMENT

OF ADMISSION TO FREE OF CHARGE TO LITIGATE

Article 736

The judge, in whom a judicial proceeding or dispute must be commenced or pending has jurisdiction to such persons, who want to act in it injured or defendant and their inability to process ofoptreden costs do turn out, teverlenen, free of charge license to litigate. Poor or indigent foreigners, who are not residents of Suriname, together with foreign armendirectiën or church councils are excluded, unless verdraganders is agreed.

Article 737

If the plaintiff calls free of charge to litigate, he shall request or names of the parties or at its oral presentation. If the defendant calls for such admission, he asks her to his written answer, if he submits such piece, and otherwise at the hearing before or at his oral reply.

Article 738

The petition or the written answer must be on unstamped paper. He that this admission requires, must submit a proof of zijnonvermogen on the right to the process to pay costs issued by one of the Presidentaangewezen for that purpose by the officials.

Article 739

Unless the Court already in stock, that the planned ofverdediging outwardly claim of all raw is bared, he examines, or sufficiently by applicants for the process hetonvermogen des fees; He is in that case the request.

Article 740

If the transferee of the free admission in first instance has been unsuccessful, it must, in order to be able to litigate on appeal also free of charge, to this end, to be ahead of the toelatingvan the Appeals Court have obtained in the same manner as for the first instance is prescribed. If, however, he at first instance in the equal He needs, that appeal not to litigate further toelatingom free of charge.

Article 741

The admission to free of charge to litigate, together with all the instruments, which they zijnvoorafgegaan as well as the documents produced to the application, are free of stamp.

Article 742

The result of the authorisation granted to litigate is free of charge, that the gerechtelijkeakten of the silk must be endorsed in debit for stamp des purchasers, together with that him who has obtained the admission, the salary of bailiffs, at his side cases, should not be charged.

Article 743

If the other party has obtained the admission of him who, in endienvolgende to pay the costs if they have been unsuccessful, the salaries of judicial officers, together with dezegelrechten and judicieele fines on her be recovered, wasgeprocedeerd evenalsof there not free of charge.

Article 744

If, on the other hand, the transferee of the admission at final judgment in and to pay the costs if they have been unsuccessful, the other party is free to the cost, by her side cases, on him, if possible, to stories.

Article 745

If in General a needy as referred to in this title, outdoor rechtsgeding own corpse, only judicial permission, approval or other court order, or other requests need a simple requesten, he is entitled to are strekkendverzoekschrift, accompanied by the proof of inability at 738, article on ongezegeldpapier in; the decision is free from seal and is free from all other kostenaan awarded him. The Court is further empowered to authorise to needy to the kosteloosten implementation of judicial decisions and to the execution of Gandhi.

Article 746-106

If a court order or an agreement as to a comparatively is requested in the Labour Code referred to, the daartoestrekkend request on unstamped paper be submitted; the decision is free from seals other expenses awarded. He who in straight occurs: 1 °. in proceedings, solely with a view to determination of alimony, krachtenshet first book of the Surinamese Civil Code, including hetverschuldigde for maintenance and education of a minor and the compensation referred to in article 342 c vangenoemd code, or to implementation, modification is necessary to lay down a judgment, a decision or an arrangement between parties on zodanigeuitkering; 2 °. in the course of proceedings relative to a contract of employment or an agreement as referred to in deArbeidswet, shall, where he mentioned evidence of article 738 onvermogenoverlegt and, if necessary, despite the provision in article 736, paragraph 2, shall be deemed to have obtained the right to free of charge license to litigate. This provision shall not apply in respect of the person, which are already used to be once again brought afgewezenvordering. Article 747Armeninrichtingen, driving God's-and guesthouses, in addition to the Church authorities derverschillende recognized religious gezindheden in Suriname are competent to wijzeen on equal with equal consequence, as in this title with regard to persons of limited means it is provided, kostelozetoelating and erlangen; However, they are not required to submit proof of onvermogenover. Article 748De decisions regarding the admission to litigate, free of charge, are not subject to hogerberoep. TWELFTH SECTION 749Indien in a case, in which PROVISIONALLY GETUIGENVERHOOR Article proof by witnesses is allowed, before another gedingaanhangig or before in a pending proceedings, the trial can take place, danger exists, that this evidence would be lost, either under age or illness of someone, who should be heard, witness or that someone intends Suriname teverlaten either to another such, sufficient by the court ladies and reason, the courts have jurisdiction to at the request of the party concerned shall without delay of witnesses recommended. Article 750Het request is made to the District Court, within whose jurisdiction the person, that one wants to do hear as a witness, or if there is more than one, the largest number of henwoonachtig. The request shall specify: 1 °. the reasons, which a pretrial witness hearing; 2 °. the Act matters, which one wants to prove; 3 °. the names and places of residence or stay by him or by them, which one wants to doenhoren as witnesses. Article 751Indien the Court of first instance allows the request, he determines the day and hour, on which hetgetuigenverhoor will take place. 137De provisions of articles 143 to 148, 151 and 153 are applicable also on ditgetuigenverhoor, except as determined in respect of the wederpartijis there. Article 752De in a provisional hearing statements made by witnesses should not adopted as bewijsworden, as long as it is possible, them on the ordinary way in the proceedings. Article 753Indien by death or absence of witnesses, or reasons, no longer under anderedergelijke would be possible, should the article 751, second paragraph, put up minutes in question be submitted. The Court may grant to the content there is vanzodanige evidence if he conceive to belong to circumstances. Rebuttal is legally permitted. SEVENTH TITLE NOT ADMITTING AGENTS Article 754107De district judge shall have the power to refuse someone, which makes his job of providing vanrechtsgeleerde assistance and is not a lawyer, acting as agent to enable or verdertoe. At such a refusal, he holds the case to a later hearing unless the batch, welker not authorized or not advance is allowed, nowadays being, dadelijkbehandeling desire. The Registrar shall, by registered letter the party, whose delegate not or not not yet authorised further, with the arrest and the reason thereof and also calls her on to the the case certain further hearing in person or by another gemachtigdetegenwoordig. The decision of the Sub-District Court to not allow further bijvoorraad is executable or not. The person, who do not or no further acting as agent is allowed, has the power to daaroveraan the Court of justice by the intervention of the Court of first instance, which permitted him to do in writing, complained during a month after the district judge him by the gedanemededeling. The investigation of the complaint shall be carried out by the Court of Justice in chambers, that of the relevant sub-district court daaroveroordeelt after he had received the necessary information and after having heard the complainant, if they are in Suriname. EIGHTH TITLE SLOT-and 755108Dit Code OVERGANGSBEPALINGEN Article shall enter into force on a date to be determined by the President in 1936. At that time, the Surinamese code of civil procedure, adopted in 1868, n ° bijStaatsbesluit of the 4th September. 17 (Government Gazette No. 14), such as Wetboeksedert that is amended and supplemented. As far as article 756138Voor the relative provisions still applied, the hetWetboek of 1868 shall arrange at trial and prosecution with regard to the first paragraph on the date referred to in the various dishes in pending cases and proceedings. The limitation contained in the second sentence of point 3 °. the first paragraph does not apply to provisions laid down in article 619, by the testator or by the donor gemaaktvóór the entry into force of this Code. in addition, the claim on the remains in the first paragraph of article 619 under 2 ° and 3 ° begrepenzaken also after the entry into force of this Code admitted to story of maintenance, which the attaching party itself into force at the time of this claim had these matters, without prejudice to demo equality to seize due to story of the wegenslevering of life needs, provided to the party, against whom the batter is done. Article 757Overal where in laws, which by law may be amended or supplemented, verwezenwordt to the "code of civil procedure" with or without adding "for dekolonie Suriname" is instead read: "Surinamese Penal Code BurgerlijkeRechtsvordering". Article 758Het right to have the judgments in pending or already vanvoorziening resources closed proceedings, are becoming the competent court to obtain a copy thereof and the daarvoorgeldende arrange trial be assessed in accordance with the legal provisions in advance gegoldenhebbende. To the extent any provision of this Code are not resistance and uitsprakenvan the District of judges in civil matters by the entry into force of this Wetboekbestaande laws not expressly excluded, all judgments and decisions of the District of judges in civil matters on appeal allowed, even if debetrekkelijke, bijaldien ruling by the Court of Justice was done at first instance , that means nietopenstaan. Article 759In civil cases is the Court of first instance are competent and obliged to all that, to which the President of the Court of Justice or the Court of Justice in the provisions applied enverplicht is explained, and made itself the task, for which the appointment of a rechtercommissarisaldaar is permitted or prescribed. The same applies to the Registrar of the District Court of waartoede in respect of all that, Registrar of the Court of Justice or mandatory. In cases in which, in civil matters, the court-appointed receiver vanbetwisting, opposition parties or wederspraak refers to the hearing, the district judge shall report this to consultation with stakeholders, with convocation by day and hour, in which he terterechtzitting the case of the District Court will handle. At the subdistrict court judge hears the defaulting Parties serving day in enbeslist its interests in the dispute. Of that decision is on appeal to the Court of Justice allowed. This appeal is only conducted between them, which have been at the wederspraakpartijen. Article 760Overal where in civil matters in or outside lawsuit filing is required or eenverzoekschrift on the right, is he who cannot write, his request oral bevoegd139om on the right. The right brings or does the Scripture. In such requests or oral presentations will find article 112overeenkomstige application. Requests in civil matters under the laws at the date of entry into force of this Wetboekbestaande to submit to the Court of Justice, the Court of first instance of the place of residence of the applicants, unless they are directed against someone else, in which case to be made to the District Court of his place of residence or last residence. Requests for exemption or the dismay of one of the parents, who after separation enbed with the exercise of parental authority or child custody after divorce or dissolution des huwelijksmet is in charge, be submitted to the judge, who by legal separation, divorce or dissolution of marriage is aware. Requests for recovery in the parental authority or guardianship or matter seeking, that he that parental authority is relieved or horrified, to guardian of his minor children, be submitted to the Court, which wordtbenoemd of the request for exemption or taken, unless the onthevene or the kennisheeft dismay sacked is separated from bed and Board or huwelijkis are dissolved by divorce or after legal separation , in which cases the verzoekwordt submitted to the judge, that of the application or of the claim for judicial separation, divorce or dissolution of marriage is aware. Under the requests at the entry into force of this code, the Court of Justice to submit existing laws in response to a ruling in civil matters by the Court of first instance done, made according to the judge, who according to this Code to doing of the relative pronunciation would be competent. The procedure referred to in article 342a of the Surinamese Civil Code, wordtingesteld at the Court of first instance of the place of residence of the child. Article 761109Het at law of 4 September 1868, no. 17 (Gouvernements sheet No.14) vastgesteldeSurinaams civil code, as last amended by the Act of 24 November 1933 (Gouvernements sheet 1934, no. 30), undergoes the following changes: 1 °. Article 7 shall read as follows: "the district judge or his plaatsvervangerkanttekent the first and last pages of each registry of civil status; He waarmerktvoorts all other sheets. "; 2 ° in art. 16, instead of "code of civil procedure ' shall be replaced by ' Surinamese code of civil procedure" and the words "by the President of the Court of Justice or by the Court, which it replaces" are replaced by the words: "the district judge or his substitute"; 3 °. in the first paragraph of art. 59 instead of "Court of Justice", read: "District Court of the place of residence of the applicants"; 4 °. in art. 62 instead of "the Court of Justice ' shall be replaced by" envervallen "the words:" the district judge, after questioning by the public prosecutor, "; 5 °. in art. 63 the Court "rather than" to read: "the district judge"; 6 °. in art. 65 is the Court of Justice, in place of "which", read: "dekantonrechter, within whose jurisdiction the registers are or have held, that" and expired the words: "to the Public Ministry, and"; 7 °. in the second paragraph of art 74 instead of "writs", read: "convocations at the hearing"; 8 °. in the first paragraph of art. 92 expired the words: "by means of eenverzoekschrift", and is instead of "on", read: "in job to come"; 9 °. in art. 119 is instead of "the Court of Justice ' shall be replaced by" the Court of first instance, binnenwiens jurisdiction the marriage must be carried out "; 10 °. in art. 121 is instead of "code of civil procedure ' shall be replaced by ' Surinamese code of civil procedure"; 11 °. in art is 127 instead of "join petition to the Court of Justice",

read: "to the district judge" and the words "which court, after hearing from the Public Ministry, together with ' shall be replaced by the words:" which judge, after questioning "; 12 °. art. 165 is read as follows: "If the husband refuses to empower his wife to perform an act or to straight to appear, they are competent to meet the district judge to request vanhun common residence to be authorised"; 13 °. 167 is in art instead of "the Court of Justice ' shall be replaced by ' the district judge of the placeof residence of the spouses,"; 14 °. in art. 178 is instead of "the Court of Justice", read: "the district judge"; 15 °. in the first paragraph of art. 255 the Court instead of "justice", read: "justice"; 16 °. in the first paragraph of art. 256 instead of "the Court of Justice, on the rapportvan Commissioners, and after interrogation by the public prosecutor's Office", read: "the judge"; 17 °. in the second paragraph of art. 256 instead of "the Court", read: "the judge"; 18 °. art. 257 shall be read as follows: "against the ruling shall appeal to the Court of Justice allowed during éénmaand."; 19 °. in the third paragraph of art. 259 is instead of "the Court of Justice in the hoogsteressort", read: "the district judge"; 20 °. in the first sentence of art. 259b is instead of "the Court of Justice ' shall be replaced by" dekantonrechter "and the lock of the sense of" on the way ", read:" in the manner and with the consequences provided in that article. "; 21 °. the second sentence of art. 259b is replaced by a second member, saying: "in the absence of such a command is the Guardianship Council jurisdiction, this benefit in straight tevorderen, after the judgment for dissolution of marriage is registered in the registers of deburgerlijke stand"; 22 °. Article 260 shall be read as follows: "The petition for divorce shall be lodged with the District Court, in wiensrechtsgebied the man at the time of filing it in art. 700 of the code of civil procedure referred to Suriname application main residence, or, in gebrekedaarvan, real residence. If the man at the time of filing of above-mentioned application eenbekend main residence or real residence in Suriname had not, the claim is established by Council the Court of first instance of the place, where the woman at that time there really verblijfhad. "; 23 °. in the first paragraph of art. 263 and in the first paragraph of art. the Court of justice rather than "267", read: "the district judge"; 24 °. the end of the first paragraph of art. 264 is read as follows: "be done at dekantonrechter of the last common main residence, or, in the absence thereof, of the laatstegemene really stay."; 25 °. in the first paragraph of art. 268 is instead of "code of BurgerlijkeRechtsvordering", read: "Surinamese code of civil procedure"; 26 ° in art. 278 is instead of "the Court of Justice", read: "the district judge"; 27 °. art. 279 expires; 28 °. in the first paragraph of art. 282 is instead of "the Court of Justice", read: "dekantonrechter"; 29 °. in the second paragraph of art. 282 the Court "rather than", read: "dekantonrechter"; 30 °. in the first paragraph of art. 283 is instead of "the Court of Justice", read: "dekantonrechter"; 31 °. in the first paragraph of art. 283b is instead of "the Court of Justice", read: "dekantonrechter"; 32 °. art. 283c is replaced by the following: "in the absence of a warrant as referred to in the first paragraph of the previous article is devoogdijraad responsible to claim these benefits in straight, after the judgment of divorce isingeschreven in the registers of civil status."; 33 °. art. 283d expires; 34 °. in the second paragraph of art. 290 is instead of "the Court of Justice", read: "dekantonrechter" and is instead of "him", read: "these"; 35 °. art. 291 is read as follows: "at the request of both spouses must be submitted copy of the huwelijksakteen of the agreement, of which at the first paragraph of the previous article is spoken."; 36 °. the first paragraph of art. 292 shall be read as follows: "the district judge recommends thereupon to the both spouses to appear together and in person for hemte to do their necessary discourses."; 37 °. in the first paragraph art. 293. instead of "the Court of Justice", read: "Dekantonrechter"; 38 °. in the second paragraph of art. 293 and in the last paragraph of art. 299 283b, instead of "283c and 283c", read: "283d 283b and"; 39 °. in art. 294 is instead of "standing up" by application to the superior court, read: "at the Court of Justice in job come"; 40 °. in the second and in the third paragraph of art. 299 instead of "the Court", read: "the judge"; 41 °. in the first paragraph of art. 299a is instead of ' the Court ', read: "Dekantonrechter"; 42 °. in the first and in the second paragraph of art. 321 is instead of "lijfstraffelijkerechtsvordering", read: "criminal prosecution"; 43 °. in the third paragraph of art. 321 is instead of "public action", read: "criminal prosecution"; 44 °. in the first paragraph of art. 342b is instead of "the Court of Justice", read: "dekantonrechter of the place of residence of the child", 45 °. in the second paragraph of art. 342b is twice instead of "the Court ' shall be replaced by" Dekantonrechter "; 46 °. the first paragraph of art. 342 c void; 47 °. in the third paragraph of art. 342 c. instead of "the first paragraph", read: "the ordinary"; 48 °. art. 342d expires; 49 °. the third member of art. 342f is read as follows: "the claim is lodged with the Court of first instance of the place of residence of the mother." 50 °. to the first paragraph of art. 342g is added a new sentence, saying: "Artikel1945 does not apply."; 51 °. to art. a new paragraph 342g is added, saying: "In the proceedings referred to in article 342a betrekkelijkeen benefit may also be heard as a witness, the mother if her child in straight represents." 52 °. articles 342h to 342q are replaced by the following two articles:

Article 342h

Without prejudice to the competence of the Prosecutor, pursuant to a provisional emergency immediate benefit in summary proceedings, the judge of the case, if the defendant in any position in article 342a 342f has recognized obligation referred to competent, or zodanigeuitkering to determine, by the defendant during the lawsuit. Article 342iBij unregulated satisfaction of the identified benefits under articles 342h or 381b, 342a, 342f is also the Guardianship Council jurisdiction, the judgment or the decision submit implementation in the manner laid down in the third division of the second title of the Belgian company code Surinamese Civil procedure. "

53 °. After Article 353 is a new article shall be added:

Article 354

Without prejudice to the provisions in the event of dissolution of the marriage after separation vantafel and bed, divorce and legal separation are the parents required for the maintenance and education of their minor child, if they do not possess parental authority or devoogdij about that child to be removed from Office without or horrified, weekly, monthly or quarterly to pay out as much as to the Guardianship Council as right on diensvordering will have determined. " 54 °. in the first paragraph of art. 355 is instead of "the Court of Justice ' shall be replaced by" dekantonrechter "and the words" by the public prosecutor's Office and "; 55 °. in the third paragraph of art. 355 is instead of ' the Court ', read: "the judge"; 56 °. to art. 358 is added a second member, saying: "article 354 is a minor toepasselijkten him, which of course has recognized child custody overdat child, if he is not to be removed from Office or property without thereof."; 57 °. in the first paragraph of art. 371b is instead of "the Court of Justice", read: "dekantonrechter of the place of stay or residence of the child" and the words: "of the Court"; 58 °. in the first paragraph of art. 371c is instead of ' the Court ', read: "Dekantonrechter" and the words "the Court ' shall be replaced by the words" the Court of first instance "; 59 °. in the second paragraph of art. 371c is instead of ' the Court ', read: "dekantonrechter" and the words "the Court" shall be replaced by the words "Dekantonrechter"; 60 °. in the fourth and fifth member of art. 371c. instead of "the Court", read: "dekantonrechter"; 61 °. in the last paragraph of art. 371c is instead of ' the Court ', read: "Dekantonrechter" and the words "the Court ' shall be replaced by the words" the Court of first instance "; 62 °. in paragraph 4 of art. 371 p instead of "the Court", read: "dekantonrechter"; 63 °. in the first of art. 371st is instead of "the Court of Justice", read: "dekantonrechter"; 64 °. in the second paragraph of art. 371st is instead of ' the Court ', read: "Dekantonrechter" and the second sentence read as follows: "If the Court considers to be necessary, the competent ishij the hearing of witnesses recommended."; 65 °. the end of the first paragraph of art. 371g of "so many" is replaced by the following: "maaandelijks weekly, or quarterly, so much to the Guardianship Council to be distributed as right on diensverzoek will have determined."; 66 °. the second, third, fourth and fifth members of art. 371g; 67 °. in the first paragraph of art. 371h is instead of ' Court ' shall be replaced by "local court"; 68 °. the second sentence of the first paragraph and the third to sixth member of art. 371hvervallen; 69 °. in the second paragraph of art. 371h expired the words "or of the Court"; 70 °. art. 371i expires; 71 °. the article 376 and 377; 72 °. in art. 378 is instead of "the Court of Justice ' shall be replaced by" the Court of first instance "; 73 °. After the fourteenth title of the first book is inserted a new title, saying:

FOURTEENTH TITLE A

OF THE PROVISION, MODIFICATION AND WITHDRAWAL OF BENEFITS

TO MAINTENANCE

Article 381a

The maintenance payable by virtue of this book, including the maintenance and upbringing of a minor, verschuldigdevoor is determined in proportion to derbehoeften of the maintenance creditor on the one hand, and the income and assets of the mandatory totuitkering, related to the number and the description of the other persons, whose maintenance according to this book, dependant on the other.

Article 381b

The Court is authorised, the decision about the payment on claim the to onderhoudveroordeelde or of the person to whom the payment is to be effected to modify or withdraw. The modification or withdrawal must be based on the consideration, that the actual verhoudingbestaande between the needs of the maintenance creditor, on the one hand, and to the income of the maintenance envermogen convicted in connection with the lastenanderzijds since the time resting on him, on which judgment was given shall issue, referred to as isveranderd, which significantly, had called this modified ratio exist on time, the decision would have been another. The Court is authorised to accordingly a scheme to zakevan by parties affected due under this maintenance Book, amend or withdraw. " 74 °. paragraph 4 of art. 382b is read as follows: "The Guardianship Council is responsible, that the money, paid to him by persons, who under ditBoek to alimony and bringing up children are obliged, in accordance with their intended purpose hunn are spent." 75 °. 390 in art instead of "after questioning by the public prosecutor, and, if necessary," read: "if need be, after trial"; 76 °. in the first paragraph of art. 414 expired the words ", at the request of the Attorney General,"; 77 °. in the first paragraph of art. 418 is instead of "Court of first instance or the Court of Justice", read: "judge"; 78 °. in the first paragraph of art. 418a expired the words "by the District Court or, where the Court of Justice has instructed the guardianship, the clerk at the Court of Justice"; 79 °. in the first paragraph of art. 435 expired sub 4. the words "or kennelijkonvermogen"; 80 °. in the first paragraph of art. 436 is instead of "the Court of Justice", read: "dekantonrechter der domicile or, failing that, of the last residence of him, wiensontzetting is asked"; 81 °. the second paragraph of art. 436 shall be read as follows: "the request or the claim contains the facts and circumstances, on which it is founded, and houdttevens in an indication of the names of the parents, of the guardian, of the supervisory guardian and of hunwoon-or places, as far as known, the names and relatives or residence or verblijfplaatsender der aangehuwden, which should, in accordance with article 385 to meetings , as well as of the witnesses, that the in the request or in the claim frequently asked feitenzouden. Unless the request to the dismay of the Guardianship Council is assumed, the Registrar of the request or application relating to the documents submitted in support thereof tenspoedigste in copies to that Council. The Registrar draws on the request or on the dedag of filing claim. "; 82 °. in the third paragraph of art. 436 is instead of "the Court" and "the Court" read respectively: "the district judge" and "the district judge"; 83 °. in paragraph 4 of art. 436 is instead of "the Court" and "the Court" read respectively: "the district judge" and "the district judge"; 84 °. in the fifth paragraph of article 437 instead of "the Court", "him" and "it will" read respectively: "the district judge", "him" and "he will"; 86 °. in the first paragraph of art. 438a is instead of "the Court of Justice", read: "dekantonrechter of their place of residence or, in the absence of a nominal value, of their last residence"; 87 °. in the second paragraph of art. 438a is instead "the Court of Justice" and by "the Court" read respectively: "the district judge" and "the district judge"; 88 °. in the third paragraph of art. 438a is instead of "the Court", by "the Court" and from "him" read respectively: "the District Court", "the district judge" and "he"; 89 °. the last sentence of the first indent of art. 438b is read as follows: "the request or claim is filed with the District Court, that of the application or of the claim totontheffing or dismay has taken note, unless the marriage of the onthevene or isontbonden sacked by divorce, in which case the request or claim is submitted to dekantonrechter, those of the action for divorce has taken note."; 90 °. in the second paragraph of art. 438b is instead of "the Court", by "the Court" and by "it", read respectively: "the District Court", "the district judge" and "he"; 14591 °. art. 438c is read as follows: "the provisions of article 371g applies to waiver or dismay of the father or the moedervan custody of own children."; 92 °. in the first paragraph of art. 440 is instead of "the Court of Justice ', read:" dekantonrechter "; 93 °. in the second paragraph of art. 440 is instead of ' the Court ', read: "Dekantonrechter" and the words "expiry of the public prosecutor's Office and"; 94 °. in paragraph 4 of art. 440 is instead of ' the Court ', read: "dekantonrechter"; 95 °. in the first paragraph of art. 465 expired the words "and on the conclusiën of the public Ministry, "; 96 °. paragraph 4 of art. 480 is replaced by the following paragraph: "The minor and anyone who heard the request is against the decision of dekantonrechter may be certified to the Court of Justice."; 97 °. the fifth member of art. 480 expires, in connection with which the sixth and seventh and sixth members ledenvijfde; 98 °. in the first paragraph of art. 484 is instead of "the Court of Justice", read: "dekantonrechter"; 99 °. in the third paragraph of art. 484 is instead of ' the Court ', read: "Dekantonrechter"; In addition to this paragraph shall be added: "he decides without appeal."; 100 °. in art. 489 is instead of "the Court of Justice", read: "the Court of first instance of the place of residence of him, against whom it is directed."; 101 °. in art. 491 instead of "the Court" and "it will read:" dekantonrechter ", respectively" and "will he the husband and"; 102 °. in the first paragraph of art. 492 is instead of "the Court of Justice ' and a three or more designated by the Registrar together with judges and in all cases the public prosecutor ' or integenwoordigheid read:" the district judge "and" the judge, accompanied by the Registrar "; 103 °. the third and fourth members of art. 492; 104 °. in art. 493 is instead of "the Court of Justice", from "will" and by "the Court" read respectively: "the district judge", "he will" and "the district judge"; 105 °. in art. 494 is instead of "the Court of Justice", read: "the district judge"; 106 °. in art. 495 the words ", and on the conclusiën of the prosecution"; 107 °. in art. 498 is instead of "the Court of Justice" and of the "Public Ministry", read respectively: "the district judge" and "the Registrar"; 108 °. in art. 510 instead of "the Court of Justice" and by "the Court" read respectively: "the district judge" and "the district judge"; 109 °. in art. 511 is instead of "the Court of Justice", read: "the district judge" envervallen the words: ", which is always on such request will have to be heard"; 110 °. in the second paragraph of art. 512 instead of "the Court of Justice", read: "dekantonrechter"; 111 °. in the third paragraph of art. 512 instead of "the Court", read: "dekantonrechter"; 112 °. in the first paragraph of art. 517 is instead of "the Court of Justice", read: "dekantonrechter; 113 °. in art. 518 is instead of ' the Court ', read: "the district judge"; 114 °. in the first paragraph of art. 519 is instead of "a designated member of the Court of Justice", from "this member", of "designated member", by "the Court" and of "If the" read respectively: "the Attorney General", "this", "the Attorney General" and "if he"; 115 °. in the first paragraph of art. 521 is instead of ' the Court ', for that Court of Justice "and of" by the Court "read respectively:" the district judge by the Sub-District Court residence, for which he left "and" right "by those; 116 °. in the third paragraph of art. 521 is instead of ' the Court ', read: "de146kantonrechter"; 117 °. in the first paragraph of art. 524 is instead of "the Court of Justice, on daartoegedanen requirement, after hearing of the prosecution", read: "the Court of first instance on daartoegedane requirement"; 118 °. in the first paragraph of art. 525 instead of "the Court of Justice", read: "Dekantonrechter" and the words "to keep in the presence of the public prosecutor,"; 119 °. in the second paragraph of art. 525 instead of "the Court" and of "if it", respectively, read: "the district judge" and "if he"; 120 °. in article 535 is instead of "the Court of Justice.", read: "the Court, which hetvonnis of presumably death."; 121 °. in art. 536 is instead of "the Court of Justice", read: "the Court of first instance, within whose jurisdiction they are located," and the second sentence read as follows: "After dedeskundigen report on the right have done and this will have approved it, the description with the report to the clerk of court."; 122 °. in art. 537 is instead of "the Court of Justice", read: "the district judge"; 123 °. in art. 549 is instead of "read:" the Court of Justice, the Court of first instance of common residence "; 124 °. in art. 550 is instead of ' the Court ', read: "the district judge"; 125 °. in art. 1006 is instead of "the Court of Justice", read: "the district judge"; 126 °. in art. 1010 is instead of "the Court of Justice", read: "the district judge"; 127 °. in the first paragraph of art. 1012 is instead of "the Court of Justice", read: "dekantonrechter" and the words "and of the public prosecutor '; 128 °. in the first paragraph of art. 1039 instead of "the Court of Justice", read: "dekantonrechter"; 129 °. in art. 1048 is instead of "the Court of Justice, on hearing of the prosecution", read: "the district judge"; 130 °. in the second paragraph of art. 1052 instead of "the Court of Justice", read: "the district judge"; 131 °. in the first paragraph of art. 1054 is instead of "the Court of Justice", read: "dekantonrechter"; 132 °. in art. 1055 is instead of "the Court of Justice" and of "which", respectively, read: "the district judge" and "what he"; 133 °. in the second paragraph of art. 1062 is instead of "the Court of Justice", read: "the district judge"; 134 °. in the first paragraph of art. 1098 is instead of "the Court of Justice", read: "dekantonrechter"; 135 °. in art. 1101 is instead of "the Court of Justice", read: "the district judge"; 136 °. in paragraph 4 of art. 1102 expired the words: ", and in all cases by the Public Ministry,"; 137 °. in the first paragraph of art. 1103 is instead of "the Court of Justice" and of the "637tot 641 of the code of civil procedure", read: "dekantonrechter" and "567 respectively to 571 of the code of civil procedure"; 138 °. in the first paragraph of art. 1154 is instead of "the Court of Justice", read: "the Court of first instance, under whose jurisdiction the estate open cases,"; 139 °. in the second paragraph of art. 1154 is instead of ' the Court ', read: "the judge"; 140 °. in the third paragraph of art. 1154 is instead of "the Court of Justice", read: "dekantonrechter"; 141 °. in the first paragraph of art. 1155 expired the words ", under the supervision of a member of the Court of Justice,"; 142 °. in the second paragraph of art. 1155 is instead of "judge", read: "district judge"; 143 °. the chapeau of paragraph 3 of art. 1155 is read as follows: "he must be in a straight action with regard to the legal actions, etc"; 147144 °. in the first paragraph of art. 1156 is instead of "judge", read: "district judge"; 145 °. in the first paragraph of art. 1157 is instead of "judge", read: "district judge"; 146 °. in the second paragraph of art. 1157 is instead of "judge", read: "District Court" and the words "and shall report to the Court of Justice"; 147 °. in the first paragraph of art. 1158 is instead of "judge" to read: "district judge"; 148 °. in the second paragraph of art. 1158 expired the words "after hearing the public prosecutor,"; 149 °. in art. 1179 sub 4 °. expires as follows on "about the current year, verschuldigdis"; 150 °. in art. 1179 sub 7 °. is that on "If asked, ' shall be replaced by:" as well as the benefits due under the first book by the parents to maintain education of their minor legitimate children. "; 151 °. in the third paragraph of art. rather than "1224 is the Court of Justice", read: "dekantonrechter"; 152 °. in art. 1225 is instead of "for the Court of Justice", read: "to dekantonrechter, under whose jurisdiction the registration is done, at which vorderingondergeschikt is true to a dispute, hanging for another district judge, in which case the eistot deleting reference is made to the District Court, for whom the main dispute is"; 153 °. to art. 1225 is a second member added as follows: "However, the agreement between the creditor and the debtor, the claim for machinery entered into dispute for a district judge, appointed by them between hennagekomen."; 154 °. in art. 1227 and in art. 1240 is instead of "code of BurgerlijkeRechtsvordering", read: "Surinamese code of civil procedure"; 155 °. in art. 1439 expired the words "or of inability"; 156 °. in the second paragraph of art. 1677 is instead of "the Court of Justice", read: "the Court of first instance, under whose jurisdiction the body is established,"; 157 °. in the second paragraph of art. 1756 is instead of "the Court of Justice" and "Court" or read: "the District Court" and "judge"; 158 °. in the last paragraph of art. 1758 is 454 of the code instead of vanBurgerlijke ', read: "379 of the Surinamese Penal Code BurgerlijkeRechtsvordering"; 159 °. in the above 3 °. by art. 1791 the words "or kennelijkonvermogen"; 160 °. in the first paragraph of art. 1840 is instead of "the Court of Justice", read: "dekantonrechter"; 161 °. in the above 4 °. by art. the words "or kennelijkonvermogen" expired 1853; 162 °. in art. 1893 is instead of "code of civil procedure", read: "Surinamese code of civil procedure"; 163 °. the second paragraph of art. 1931 shall be read as follows: "blood-enaanverwanten as such will not unable However are:" 1 °. in cases of parties concerning marital status; " 2 °. in matters relating to maintenance, in accordance with the first book due, including the amount due for maintenance and education of a minor and the compensation referred to in artikel342f; " 3 °. When examining the reasons, which for exemption or removal from the ouderlijkemacht or custody; " 4 °. in business relatively to an employment contract within the meaning of the labour code. "; 164 °. in art. 1932 is instead of 109 of the code of "BurgerlijkeRechtsvordering", read: "145 of the code of civil procedure" Surinamese; 165 °. in the first paragraph of art. 1965 instead of "the Court of Justice", read: "justice, which the lawsuit takes notice"; 166 °. the second paragraph of art. 1965 ' shall be read as follows: "If a legitimate impediment for the judge at the place where this hetverschijnen are regular sessions, onuitvoerlijkmaakt, the Court of first instance to the waning of the oath itself to the property or the verblijfbegeven of him who has to make the oath; the Court of Justice may authorize one of its members. "; 167 °. in the third paragraph of art. 1965 instead of "the Court", read: "the judge, whom the lawsuit takes notice,";

Article 762

The Act of 4 September 1868 at no. 17 (Gouvernements sheet No.14) vastgesteldeSurinaams commercial code, as last amended by the Act of 13 March 1931 (Gouvernements sheet no. 65), undergoes the following changes: 1 °. in the second paragraph of art. 32 instead of "the Court of Justice, such as the", read: "the district judge such, if he"; 2 °. in art. 35 instead of "the Court of Justice", read: "the district judge"; 3 °. in the first paragraph of art. 47 is instead of "Court of Justice", read: "local court"; 4 °. in the first paragraph of. 67 instead of "the Court of Justice", read: "dekantonrechter"; 5 °. in the first paragraph of art. 68 instead of "the Court of Justice", read: "dekantonrechter"; 6 °. in the first paragraph of art. 69 instead of "Bankruptcy Act", read: "Bankruptcy Act 1935"; 7 °. in the first paragraph of art. 79 expired the words "the president of the Court of Justice, or, in the place where the Court is not established,"; 8 °. in the second paragraph of art. 79 instead of right before "designated", read: "district judge"; 9 °. in art. 164 is instead of "code of civil procedure", read: "Surinamese code of civil procedure"; 10 °. the end of art. 179 is read as follows: "from the day, on which the case in rechteaanhangig has been created."; 11 °. in art. 293 is instead of "code of civil procedure", read: "Surinamese code of civil procedure"; 12 °. in art. 324 is instead of "the Court of Justice", read: "the district judge"; 13 °. in art. 327 expired the words "the Court of Justice, and so this spot of size respecting des is not established, by"; 14 °. in art. 481 expired the words "by the president of the Court of Justice, and, on location where the Court is not established,"; 15 °. in the third paragraph of art. 494 expired words "by the president of the Court of Justice, and, in the place where the Court is not established,"; 16 °. in art. 500 instead of "judge, designated by article 494,", read: "district judge"; 17 °. in art. 502 494 article instead of "designated judge" read: "district judge"; 18 °. in the second and in the fourth member of art. the Court is 700 instead of "vanjusitite", read: "the district judge".

Article 763

In art. 5 of the law of 4 September 1868, no. 17, (Gouvernements sheet No.14) adopted law on Notary Office like that since, and most recently by the Act of 17 April 1929 (Gouvernements sheet no. 24), amended and supplemented, instead of "art. of the 805 ", read:" art. 738 of Sranan Tongo "and instead of" Regtsvordering "," judicial procedure ".

Article 764

The law of 15 August 1868, no. 62 (Gouvernements sheet No. 16) vastgesteldebepalingen regulating the Office of land and mortgage Registrar and his accounting inSuriname, as those were modified, as last amended by the law of 11 July 1927 (Government Gazette No. 49), undergo the following changes: 1 °. in the second paragraph of art. 4 instead of "art. 16 of the ", read:" art. 16 of the Surinamese "and instead of" Regtsvordering "," legal claim "; 2 °. in art. 48 instead of "art. 513 of it ", read:" art. 446 of Sranan Tongo "and instead of" Regtsvordering "," legal claim "; 3 °. in the second paragraph of art. 55 instead of "art. of the 801 ", read:" art. 735van Sranan Tongo "and instead of" Regtsvordering "," judicial procedure ".

Article 765

The law of 3 April 1869, no. 23 (Gouvernements sheet no. 24) bepalingenop the administration of Justice laid down on taxes in Suriname, as last amended by the law of August 8, 1928 (Gouvernements sheet No. 84) undergone the following changes: 1 °. in the first paragraph of art. 1, instead of "by the Court", to read: "of the Court of first instance and on appeal by the Court"; 2 °. in the first paragraph of art. 2 and in paragraph 4 of art. Belgian company code is 8 instead of "civil procedure", read: "Surinamese Penal Code BurgerlijkeRechtsvordering"; 3 °. in art. 13, instead of "Code", read "Surinamese Code"; 4 °. in the last paragraph of art. 17, instead of "artt. 423 427 of the code vanBurgerlijke legal action to "read" articles 349 to 353 of the Belgian company code Surinamese Civil procedure ".

Article 766

The 3rd title, comprehensive articles 23 to 38 of the law of 20 December 1877 (Gouvernements sheet No. 26), which revised the rate of court costs and salaries incivil matters, as that law has been changed to that of 24 March 1924 (Gouvernements sheet No. 50), expires.

Article 767

The law of 15 February 1904 (Gouvernements sheet no. 37) on the provisions relating to expropriation in the public interest, as last amended by the law of 27 February 1924 (Gouvernements sheet No. 47) undergoes the following changes: 1 °. in art. 23, instead of "the last paragraph of art. the first paragraph of article 223 and 224 ", read:" the second and third paragraph of art. 158 "; 2 °. the second paragraph of art. 27.3 °. at the end of art. 36 the words ", after the public prosecutor's Office to hebbengehoord".

Article 768

The Decree of 14 October 1910, no. 45 (Gouvernements sheet 1911, no. 2) code of criminal procedure for Suriname, as last amended by the law of 7Februari 1930 (Gouvernements sheet No. 73) undergoes the following changes:

1 °. in the second paragraph of art. 125 is instead of "8 of the" hetSurinaams's ", read:" 9; 2 °. in the last paragraph of art. 316 c shall be instead of "704", read: "620"; Article 769De law of 26 December 1912 (Gouvernements sheet 1913, no. 27) to simplify, in respect of small homes, of processual requirements for exposures, founded opwettelijke for provisions regarding rent and rental, as that law has been supplemented by the law of 24Maart 1924 (Gouvernements sheet No. 49) undergoes the following changes: 1 °. in article 1 sub 1 °. instead of "art. 705 ", read:" art. 626 "; 2 °. in the second paragraph of art. 2 instead of "art. 685 ", read:" art. 602 "; 3 °. in article 6, instead of "art. 125 ", read:" art. 108 "; 4 °. in article 8, instead of "article 805", read: "art. 738 ".

Article 770

In the first paragraph of art. 27 of the law of 30 December 1916 (Gouvernements sheet 1917, no79) on the sizes and weights for Suriname, as it was amended by the law of 10 August 1926 (Gouvernements sheet no. 129), instead of "vanBurgerlijke action", 801 of the code read: "735 of the Surinamese Penal Code BurgerlijkeRechtsvordering".

Article 771

Article 6 of the law of 13 March 1931 (Gouvernements sheet no. 65) and provisions concerning the trade name, undergoes the following changes: 1 °. in the first paragraph, instead of "by application to the Court of Justice", read: "to the Court of first instance of the place, where the case, identify the branch or the branch gevestigdis,"; 2 °. the second paragraph shall be deleted; 3 °. the third member is second member and is read as follows: "(2) the Court is authorised the provisional enforcement of its decision staff were helpful and friendly."

CONTENT

SURINAMESE CODE OF CIVIL PROCEDURE

FIRST BOOK

OF THE PROCEDURE FOR THE DISTRICT COURTS AND

FOR THE COURT OF JUSTICE

Title I General provisions

1 ° Division of served writs of summons, notice and service Artt. 1-182 ° Division of the hearings Artt. 19-293 ° Division of the judges and of the judges be recused of Artt. 30-444 ° Division of the General Register, of the minutes of the sessions of judgments generally Artt. 45-705 ° Division of protection Artt. 71-776 ° Division of judgments by default and of resistance Artt. 78-907 ° Division of nullity Artt. 91-94

Title II of the procedure for the Court of first instance

1 ° Division Prior provisions Artt. 95-1092 ° Division of the right entrance, the weathering and the voldingen of the case Artt. 110-1213 ° Division of preliminary requests and of the plea of lack of competence Artt. 122-1274 ° Division of the disputes over the authenticity or inauthenticity and vangeschriften of the judicial investigation therefore, Artt. 128-1405 ° Division of witnesses Artt. 141-1556 ° Division of judicial proceedings and visit Artt. 156-1577 ° Division of experts Artt. 158-1678 ° Division of trial question points Artt. 168-1779 ° Division of incidental claims Artt. 178-18338 ° Division of counterclaim Artt. 182-18411 ° Division of the suspension and the resumption of the judicial proceeding Artt. 185-19012 ° ontkentenis of judicial Operations Division Artt. 191-20713 ° Division of jurisdiction-quaestien Artt. 204-20514 ° Division of doing distance of the instance Artt. 206-20715 ° Division of dropping the instance Artt. 208-21316 ° Division of Union and of intervention Artt. 214-217a

Title III of the procedure before the Court of Justice,

rechtdoende in first instance Artt. 218-225

Title IV of the summary proceedings Artt. 226-235

Title V By justice in Exchange and Naval Affairs Artt. 236-256h

Title VI of prorogation of jurisdiction on the Court of Justice Artt. 257-259

Title VII of the judicial proceeding in appeal before the Court of Justice Artt. 260-286

Title VIII of opposition by third parties Artt. 287-291

Title IX of request-civil Artt. 292-304

SECOND BOOK

OF THE ENFORCEMENT OF JUDGMENTS

AND AUTHENTIC INSTRUMENTS

Title I General arrange Artt. 305-312a

Title IA Of the formalities, required for implementation in foreign States established enforcement orders Artt. 312b-312h

Judicial enforcement Of title II on movable attachment of movable property Department goods1 ° Artt. 313-3432 ° Department execution garnishment Artt. 344-347a3 ° Department by way of execution Of garnishment in cases concerning living and benefit for the household Artt. 348-3534 ° Division of the distribution of proceeds of execution Artt. 354-3635 ° Division of the implementation of commands in Affairs of hire purchase Artt. 363a-363d

Title III of judicial recovery of real estate

1 ° Division General provisions Artt. 364-3742 ° take real estate Department of the Artt. 375-4183 ° Division of call ups of ownership Artt. 419-4244 ° Division of repossessions on land securities regulation Artt. 425-4315 ° Department about the arrangement of the priority and the allocation of the purchase price Artt. 432-442

Title IV of repossessions on sale of ships and Artt. 443-464

Title V of constraint and its implementation and of periodic penalty payment

1 ° Division of constraint Artt. 465-4782 ° Division of the implementation of constraint Artt. 479-4913 ° Division of penalty payment Art. 492

Title VI of the settling costs, damages and interest Artt. 493-495

Title VII of security Artt. 496-499

THIRD BOOK

OF JURISDICTION OF DIFFERENTIATED NATURE

Title I of the decisions of arbitral men

1 ° Division of compromise and of the appointment of arbitral men Art. 500-5082 ° Division of the proceedings before arbitral men Artt. 509-5153 ° Division of the decision of arbitral men Artt. 516-5234 ° Division of the provision against the decision of arbitral men Artt. 524-5315 ° Division of the end of the proceedings for dividing men Artt. 532-535

Title II of procedures comparatively legacies

1 ° Division of sealing Artt. 536-5442 ° Division of opposition to unsealing Artt. 545-5463 ° Division of unsealing Artt. 547-5554 ° Division of inventory or inventory Artt. 556-5605 ° Department of sale of the movable property Artt. 561-5656 ° Department of sale of the movable property Artt. 566-5717 ° Division of the distribution Artt. 572-5768 ° Division of the privilege of inventory Artt. 577-5809 ° Division of the curator of an unmanaged legacy Art. 581

Title III of estate away Artt. 582-584

Title IV funds to custody of his recht1 ° Division of the mash to recovery of movable property Artt. 585-5902 ° Division of seizure or judgment in the hands of the debtor Artt. 591-5983 ° Division of third parties judgment Artt. 599-6254 ° Division of distraint for rent and leases Artt. 626-6315 ° Division of batter against debtors, which are not eenbekende have place in Suriname, and against foreigners, which nietzijn residents of Suriname Artt. 632-6386 ° Division of seizure of real property Artt. 639-6457 ° Division of seizure of aircraft Artt. 645a-645 d

Title V of the doing and Artt. 646-667

Title VI of any special rechtspleging1 ° Department of payment and offer consignment consignments Artt. 668-6712 ° Division of the authorization of a married woman Artt. 672-6743 ° Division of interruption of a marriage Artt. 675-6773 ° AfdelingA of adoption Artt. 677a-677k4 ° Division of lifting goods community Artt. 678-6955 ° Division of divorce Artt. 696-7056 ° Division of the maintenance procedure in cases concerning Artt. 706-7146 ° AfdelingA By the method of litigating in a lease purchase business betrekkelijktot Artt. 714a-714c6 ° AfdelingB of the procedure in civil service Artt. 714d-714g7 ° Division of addition or improvement of civil status documents Art. 7158 ° Division of coercion issue of deeds Artt. 716-7259 ° Division of denial of Justice Arttt. 726 73410-° Division of violations of notaries and other officials Art. 73511 ° Department of admission to free of charge to litigate Artt. 736-74812 ° Division of pretrial witness hearing Artt. 749-753

Title VII of not admitting agents Art. 754

Title VIII final and transitional provisions Artt. 755-771

1 wt. at G.B. 1973 No. 75.2 wt. at G.B. 1936 No. 115, G.B. 1947 No. 140.3 WT. at G.B. 1936 No. 115.4 WT. at G.B. 1960 No. 21, G.B. 1967 no. 100, S.B. 1985 No. 2.5 WT. at G.B. 1936 No. 115.6 WT. at G.B. 1944 No. 104.7 WT. at G.B. 1936 No. 115.8 wt. at G.B. 1973 No. 75.9 wt. at G.B. 1936 No. 115.10 wt. at G.B. 1936 No. 107.49 WT. at G.B. 1973 No. 75.12 WT. at S.B. 1981 No. URGew.bij 23.13 G.B. 1937 No. 7814 WT. at G.B. 1944 No. 10415 WT. at G.B. 1937 No. 7816 inserted rec. at G.B. 1962 No. 106