5. Conclusion

Rare counter-expertise

By definition, a court that appoints an expert has confidence in him. This is why this form of delegated justice is very rarely called into question, as the expert is presumed to have the technical competence to answer correctly the questions put to him by the decision appointing him. Only if the expert commits breaches of the rules of procedure is he likely to be replaced on the initiative of one or more of the parties, who would then refer the matter to the judge responsible for supervising expert appraisals.

If, on the other hand, an expert makes legal assessments – which is forbidden by article 238 of the CPC – his report will not be annulled for all that, as the parties obviously retain the right to disqualify them and assert the exact scope of the applicable law.