French Code of civil procedure

The appeal puts the res judicata in question before the appellate court. A new decision shall be given on the facts and on the law under the conditions and within the limits determined in Books One and Two of this Code. .

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.