Article 247 — Issues defined

(1) Issues arise when a material proposition of fact or of law is af- firmed by one party and denied by the other. (2) Material propositions are those propositions of fact or of law which a plaintiff must allege in ord.er to show a right to sue or a defendant must allege in order to constitute his defence. (3) Each material proposition affirmed by one party and denied by the other shall form the subject of a distinct issue. (4) 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 set- tlement of the issues of fact until after the issues of law have been determined.