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 471–480 of 17962 articles for “Art. 5 avr. 2011”
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.
Claims relating to the application of articles 514-5,517 and 518 to 522 may only be brought, in the event of an appeal, before the First President ruling in summary proceedings or, in the cases provid…
Persons capable of compromising may waive the appeal. They may do so only in respect of rights of which they have free disposal.
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.
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..
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 eff…
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 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 represent…
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