Article 178

Issues arise when a material proposition of fact or of law is affirmed by one party and denied by the other.

Material propositions are those propositions of fact or of law which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defense.

Each material proposition affirmed by one party and denied by the other shall form the subject of a distinct issue.

Where issues both of fact and of law arise in the same suit, and the court is of opinion that the case or any part thereof may be disposed of on the issues of law only, it shall try those issues first, and for that purpose may if it thinks fit, postpone the settlement of the issues of fact until after the issues of law have been determined.