Article 567 of the French Code of civil procedure
November 8, 2023
Counterclaims are also admissible on appeal.
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…
The opposition seeks to have a default judgment set aside. It is only open to the defaulting party.
The opposition calls into question, before the same judge, the points judged by default for a new ruling on the facts and the law. The judgment against which an opposition has been lodged is only annulled by the judgment which retracts it.
The opposition shall be made in the form provided for the application to the court which handed down the decision. It may be made in the form of notifications between lawyers in courts where representation is compulsory. Where the opposition seeks to set aside a decision of a court of appeal rendered by default in a matter governed by the procedure without compulsory representation, it is made by a declaration…
The objection must contain the defaulter’s pleas.
If the opposition is made in the manner provided for in Article 573 (paragraph 2) it must, on pain of inadmissibility, be declared at the clerk’s office of the court which handed down the decision by the lawyer constituted by the defaulting party, within one month of the date on which it was lodged.
The case shall be investigated and judged in accordance with the rules applicable before the court that handed down the decision against which opposition has been lodged.
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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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