Đề mục 5. Tố quyền và khước biện (Điều 1491-1500)

Every right is reinforced not only by an action, unless otherwise expressly provided, but also by an exception.

§1 Every action is extinguished by prescription in accordance with the law, or in any other lawful way, with the exception of actions bearing on personal status, which are never extinguished.
§2 Without prejudice to the provision of can. 1462, an exception is always possible, and is of its nature perpetual.

A plaintiff can bring several exceptions simultaneously against another person, concerning either the same matter or different matters, provided they are not in conflict with one another, and do not go beyond the competence of the tribunal that has been approached.

§1 A respondent can institute a counter action against a plaintiff before the same judge and in the same trial, either by reason of the case’s connection with the principal action, or with a view to removing or mitigating the plaintiff’s plea.
§2 A counter action to a counter action is not admitted.

The counter action is to be proposed to the judge before whom the original action was initiated, even though he has been delegated for one case only, or is otherwise relatively non-competent.

§1 A person who advances arguments, which are at least probable, to support a right to something held by another, and to indicate an imminent danger of loss of the object unless it is handed over for safekeeping, has a right to obtain from the judge the sequestration of the object in question.
§2 In similar circumstances, a person can obtain a restraint on another person’s exercise of a right.

§1 The sequestration of an object is also allowed for the security of a loan, provided there is sufficient evidence of the creditor’s right.
§2 Sequestration can also extend to the assets of a debtor which, on whatever title, are in the keeping of others, as well as to the loans of the debtor.

The sequestration of an object, and restraint on the exercise of a right, can in no way be decreed if the loss which is feared can be otherwise repaired, and a suitable guarantee is given that it will be repaired.

The judge who grants the sequestration of an object, or the restraint on the exercise of a right, can first impose on the person to whom the grant is made an undertaking to repay any loss if the right is not proven.

In matters concerning the nature and effect of an action for possession, the provisions of the civil law of the place where the thing to be possessed is situated, are to be observed. SECTION I: THE ORDINARY CONTENTIOUS TRIAL