Article 565
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.
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Showing 641–650 of 43273 articles for “Art. Cass. com. 5 May 2004”
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…
All parties to the contested judgment must be called to the review proceedings by the applicant, on pain of inadmissibility.
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 annul…
The third party opposition seeks to have a judgment retracted or reformed in favour of the third party attacking it.It calls into question in relation to its author the points of judgment that it crit…
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…
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