Article 614 of the French Code of civil procedure
The admissibility of a cross-appeal, even if provoked, obeys the rules governing the admissibility of a cross-appeal, subject to the provisions of article 1010.
The admissibility of a cross-appeal, even if provoked, obeys the rules governing the admissibility of a cross-appeal, subject to the provisions of article 1010.
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…
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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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