Book I: Provisions common to all courts

The period on the expiry of which an appeal may no longer be lodged shall run from the date of notification of the judgment, unless that period has begun to run, by virtue of the law, from the date of the judgment. The period shall run even against the person giving notification.

If the judgment has not been notified within two years of its delivery, the party who appeared shall no longer be entitled to bring an appeal as a principal claim after the expiry of the said period. This provision shall apply only to judgments which decide all the principal claims and to those which, ruling on a procedural objection, a plea of no contest or any other incident, put an…

Where several parties are jointly and severally or indivisibly liable, notification made to one of them shall cause the time limit to run only in respect of that party. In cases where a judgment benefits several parties jointly or indivisibly, each party may rely on the notification made by one of them.

The time limit runs against a person under guardianship only from the day on which the judgment is notified both to his legal representative and to the subrogated guardian, if any, even if the latter has not been implicated. The time limit runs against an adult under curatorship only from the day of notification to the curator.

If, during the time limit for appeal, there is a change in the capacity of a party to whom the judgment had been notified, the time limit is interrupted. This time limit is also interrupted by the effect of the judgment pronouncing the safeguard, the judicial reorganisation or the judicial liquidation in cases where it entails assistance or divestment of the debtor. The time limit runs by virtue of a…

The time limit is interrupted by the death of the party to whom the judgment had been notified. It runs by virtue of a notification made to the domicile of the deceased and from the expiry of the time limits for making an inventory and deliberating if this new notification has taken place before these time limits have expired. This notification may be made to the heirs and representatives, collectively…

If the party who served the judgment is deceased, the action may be served at the domicile of the deceased, on his heirs and representatives, collectively and without designation of names and capacities. Judgment may not, however, be sought against the heirs and representatives unless each has been summoned to appear.

A person who legally represented a party may, in the event of termination of his functions and if he has a personal interest, exercise the recourse in his name. The appeal is equally open against him.

The party to whom an appeal is served shall, for the purpose of such service, be deemed to reside at the address indicated by him in the notification of the judgment.

The inaccurate characterisation of a judgment by the judges who delivered it shall have no effect on the right to appeal. If the appeal is declared inadmissible on account of such inaccuracy, the decision of inadmissibility shall be notified by the registry to all the parties to the proceedings in the judgment. This notification shall start running again the time limit for exercising the appropriate appeal.