Article 557 of the French Code of civil procedure
November 8, 2023
The waiver of the appeal cannot predate the dispute.
The waiver of the appeal cannot predate the dispute.
Waiver may be express or may result from the unreserved enforcement of an unenforceable judgment. Waiver is not effective if, subsequently, another party itself regularly appeals.
In the event of a dilatory or abusive main appeal, the appellant may be ordered to pay a civil fine of up to 10,000 euros, without prejudice to any damages that may be claimed. This fine, which is collected separately from the registration fees for the decision that imposed it, cannot be claimed from the respondents. The respondents may obtain a copy of the enforceable decision, but non-payment of the…
The appeal judge may order damages to be paid by a person who lodges a main appeal after having failed, without legitimate reason, to appear at first instance.
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.
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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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