An appeal refers to the court the knowledge of the heads of judgment which it expressly criticises and of those which depend on them. Devolution occurs for the whole only when the appeal seeks to set aside the judgment or if the subject-matter of the dispute is indivisible.
To justify on appeal the claims they had submitted to the first judge, the parties may put forward new pleas, produce new exhibits or propose new evidence.
On pain of inadmissibility raised ex officio, the parties may not submit new claims to the court other than to oppose compensation, to have opposing claims set aside or to have questions arising from the intervention of a third party, or from the occurrence or revelation of a fact, judged. .
The claims are not new where they are directed to the same ends as those submitted to the first judge, even if their legal basis is different.
The parties may add to the claims submitted to the first judge only those claims which are incidental, consequential or necessary adjuncts thereto.
Counterclaims are also admissible on appeal.
Where the Court of Appeal reverses or sets aside a judgment which has ordered an investigative measure, or which, ruling on a procedural objection, has terminated the proceedings, it may evoke the points not decided if it considers that it is in the interests of justice to give the case a final solution, after having itself ordered, where appropriate, an investigative measure. The evocation does not prevent the application of…
The enforcement of judgments improperly described as final may be stayed by the judge of appeal at any stage of the proceedings.
Enforcement of a judgment of appeal shall be the responsibility of the court which gave judgment in the first instance or, if the latter cannot deal with the enforcement of its decisions, of the judicial tribunal. However, the court of appeal may, even of its own motion, decide in its judgment to withhold enforcement unless enforcement is assigned by law to another court; subject to the same proviso, it may…
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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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