Article 542 of the French Code of civil procedure
November 8, 2023
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.
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.
The appeal may be raised incidentally by the respondent both against the appellant and against the other respondents.
A cross-appeal may also be lodged, on the main or cross-appeal which gives rise to it, by any person, even if not a respondent, who was a party at first instance.
Subject to articles 905-2,909 and 910, the cross-appeal or the provoked appeal may be lodged, in any event, even if the person lodging it is precluded from acting as principal. In the latter case, however, it will not be entertained if the main appeal is not itself admissible or has lapsed. The court may order those who have refrained, with dilatory intent, from lodging their cross-appeal or provoked appeal sufficiently…
A cross-appeal or provoked appeal is lodged in the same way as cross-claims.
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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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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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