The Constitutional Court also found unconstitutional parts of Articles 52, 135 and 379 of the Code of Civil Procedure, in so far as they had prevented the applicant from bringing an appeal against the

Code, Articles L. 41 and L. 42 of the Post and Telecommunications Code and Article 368 of the Criminal Code; Secondly, an individual who has been personally proceeded against by the civil party seeking

450 du code de procédure civile

He relied on Article 5 of the Convention, which, as relevant to the present case, provides as follows: “1.     Everyone has the right to liberty and security of person.

    Ruling of the Constitutional Court on Article 435 of the 1964 Code of Civil Procedure 21.

    The applicant complained that the length of the proceedings had been incompatible with the “reasonable time” requirement, of Article 6 § 1 of the Convention, which reads as follows: “In the

Consequently, under Article 314 §§ 2 and 3 of the Civil Code (no. 4721), “Gözüm” was registered as the surname of E. in the register of births and on the child’s identity documents.

    Article 136 of the Code of Civil Procedure governs the handling of lawsuits submitted in disregard of the procedural requirements and provides as follows: Article 136 - Adjourning proceedings

  398 (13) § 1 of the Code of Civil Procedure.”

It held, in particular, as follows: “Under Article 134 point 1 of the Code of Civil Procedure, the judge must refuse to examine a claim if it does not fall to be examined pursuant to the rules of civil

He emphasised that the applicant should lodge an application to reopen the proceedings under Article   771 of the Code of Civil Procedure.

    Parties to civil proceedings may appear before a court in person or act through a representative (Article 43 of the Code of Civil Procedure in force until 31   January 2003 (“the old

appeal lodged by a party to the proceedings (Article 332).

In Tomasi (cited above), it ruled as follows (p. 43, § 121): “Article 85 of the Code of Criminal Procedure provides for the filing of a complaint with an application to join the proceedings as a civil

    The relevant provisions of the Code of Civil Procedure in force at the material time, concerning enforcement, read as follows: Section 338.

       Code of Civil Procedure 44.

113 of the Civil Code of Ukraine.

    The Civil Code reads as follows: Article 6.249.   Damage and damages “1.

  Relevant domestic law          Code of Civil Procedure   55.