Judicial principles and studies
Notice, Contractual Guarantee and Nullity of Judicial Warning: Timing and Assertion Effects
Rules on requiring notice for contractual guarantee, the non‑public‑order character of challenging service of a judicial warning, and the consequence of failing to raise that challenge in time.
Courts and procedure
Judicial principles and studies
Updated: 10 September 2026
Editorial summary of a judicial principle or decision; consult the source below and do not treat the firm as the author of the decision.
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Rules on requiring notice for contractual guarantee, the non‑public‑order character of challenging service of a judicial warning, and the consequence of failing to raise that challenge in time.
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Subject
The study examines the link between requiring prior notice and entitlement to contractual guarantee under Article 361 of the Civil Code, and whether challenging service of a judicial warning is a public‑order matter or a party right that can be waived or asserted.
Summary
- Entitlement to contractual guarantee arises only after the creditor serves the required notice unless law or contract provides otherwise; parties may waive the notice requirement in advance. - Challenging the validity of service of a judicial warning is treated as a party right, not a public‑order defect that the court raises on its own; the debtor may insist on or waive that right expressly or implicitly. - Under Article 1/110 of the Civil Procedure Law, objections based on procedural defects not connected to public order must be raised before entering the merits of the case, otherwise the right is forfeited. - Examination of the validity of service is limited to the grounds actually advanced by the contestant; the court should not examine reasons that were not raised. - In the described facts, the defendant's counsel raised the nullity objection only after addressing substantive points, so the right to rely on that nullity was forfeited under the cited rule.
Practical significance
- Parties should present all procedural objections not linked to public order, including challenges to service, prior to engaging with substantive claims to preserve their rights. - Contracting parties may validly waive the notice requirement, and questions on validity of service are confined to the claimant's stated grounds. - This is an educational summary of the official points provided; it is not a judicial text nor legal advice.
Frequently asked questions
Subject?
The study examines the link between requiring prior notice and entitlement to contractual guarantee under Article 361 of the Civil Code, and whether challenging service of a judicial warning is a public‑order matter or a party right that can be waived or asserted.
Summary?
- Entitlement to contractual guarantee arises only after the creditor serves the required notice unless law or contract provides otherwise; parties may waive the notice requirement in advance. - Challenging the validity of service of a judicial warning is treated as a party right, not a public‑order defect that the court raises on its own; the debtor may insist on or waive that right expressly or implicitly. - Under Article 1/110 of the Civil Procedure Law, objections based on procedural defects not connected to public order must be raised before entering the merits of the case, otherwise the right is forfeited. - Examination of the validity of service is limited to the grounds actually advanced by the contestant; the court should not examine reasons that were not raised. - In the described facts, the defendant's counsel raised the nullity objection only after addressing substantive points, so the right to rely on that nullity was forfeited under the cited rule.
Practical significance?
- Parties should present all procedural objections not linked to public order, including challenges to service, prior to engaging with substantive claims to preserve their rights. - Contracting parties may validly waive the notice requirement, and questions on validity of service are confined to the claimant's stated grounds. - This is an educational summary of the official points provided; it is not a judicial text nor legal advice.
Sources and references
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