Article 558
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.
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Showing 4421–4430 of 68277 articles for “Art. 1 à 5”
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.
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.
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 ordinary remedies are appeal and opposition, the extraordinary remedies are third-party opposition, application for review and appeal in cassation..
The objection must contain the defaulter's pleas.
In the renewed proceedings, the admissibility of the respective claims of the claimant and the opponent are assessed, in relation to the original claim, in accordance with the ordinary rules.
An appeal by an extraordinary route and the period allowed for exercising it shall not suspend execution unless otherwise provided by law.
The application for review shall be made by summons. However, if it is directed against a judgment produced in the course of another proceeding between the same parties before the court from which the…
Extraordinary remedies are available only in cases specified by law.
Any judgment is subject to third-party opposition if the law does not provide otherwise.
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