Article 538 of the French Code of civil procedure
November 8, 2023
The time limit for lodging an ordinary appeal is one month in contentious matters; it is fifteen days in non-contentious matters.
The time limit for lodging an ordinary appeal is one month in contentious matters; it is fifteen days in non-contentious matters.
The time limit for appealing by ordinary means suspends enforcement of the judgment. An appeal lodged within the time limit also suspends enforcement.
If the judgment was rendered by default or if it is deemed to be contradictory, the judge has the option of relieving the defendant of the foreclosure resulting from the expiry of the time limit if the defendant, through no fault of his own, did not learn of the judgment in sufficient time to exercise his recourse, or if he found it impossible to act. Relief from foreclosure is requested…
When an interested party has been unable, through no fault of his own, to lodge an appeal against a non-contentious decision within the prescribed time limit, he may be relieved of the time limit under the conditions set out in the previous article. .
An appeal seeks, by criticism of the judgment given by a court of first instance, to have it set aside or reversed by the court of appeal.
The right of appeal is available in all matters, including those of a non-contentious nature, against first instance judgments unless otherwise provided.
Partial judgments, judgments which rule in their operative part on part of the main proceedings and order an investigative measure or a provisional measure may be immediately appealed against in the same way as judgments which rule on the main proceedings as a whole. The same applies where the judgment which rules on a procedural objection, a plea of no contest or any other incident puts an end to the…
Other judgments may be appealed independently of judgments on the merits only in cases specified by law.
The right of appeal belongs to any party who has an interest in it, if it has not been waived. In non-contentious matters, the right of appeal is also open to third parties who have been notified of the judgment.
In contentious matters, the appeal may only be directed against those who were parties at first instance. All those who were parties may be respondents. In non-contentious matters, the appeal is admissible even in the absence of other parties.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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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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