In the case of indivisibility with regard to several parties the appeal of one party has effect with regard to the others even if they are not joined in the cassation proceedings. In the same case, the appeal lodged against one is admissible only if all are called to the proceedings.
Where the judgment may be rectified by virtue of Article 463, an appeal in cassation is only available, in the case provided for by this article, against the judgment ruling on the rectification.
The contrariety of judgments may be invoked when the plea of non-receivability based on the authority of res judicata has been unsuccessfully raised before the trial judges. In this case, the appeal in cassation is directed against the judgment that is second in date; when the contrariety is established, it is resolved in favour of the first.
Contradiction of judgments may also, notwithstanding the provisions of article 605, be invoked when two decisions, even if not rendered at last instance, are irreconcilable and neither of them is subject to ordinary appeal; the appeal in cassation is then admissible, even if one of the decisions had already been the subject of an appeal in cassation and that appeal had been dismissed. In this case, the appeal may be…
New pleas are not admissible before the Cour de cassation. They may nevertheless be raised for the first time, unless otherwise provided: 1° Pleas in law of a purely legal nature; 2° Pleas arising from the contested decision.
The Cour de cassation may dismiss the appeal by substituting a ground of pure law for an erroneous ground; it may also do so by disregarding an erroneous but superabundant ground of law. It may, unless otherwise provided, quash the contested decision by raising a ground of pure law of its own motion.
If the appeal in cassation is dismissed, the party who lodged it is no longer eligible to lodge a new appeal against the same judgment, except in the case provided for in Article 618. The same applies when the Cour de cassation declares that it has lost jurisdiction, declares the appeal inadmissible or declares that the appeal has lapsed. A defendant who has not lodged a cross-appeal or an appeal…
Judgments handed down by the Court of Cassation are not subject to opposition.
Cassation may be total or partial. It is partial when it affects only certain heads that can be dissociated from the others.
The scope of the cassation is determined by the operative part of the judgment that pronounces it. It also extends to all the provisions of the judgment quashed that have a link of indivisibility or necessary dependence.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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