Article 56
The summons shall contain, on pain of nullity, in addition to the particulars prescribed for bailiff's writs and those set out in Article 54 :
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Showing 501–510 of 36663 articles for “Art. L 225-56”
The summons shall contain, on pain of nullity, in addition to the particulars prescribed for bailiff's writs and those set out in Article 54 :
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…
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 a…
Where the Court of Appeal reverses or sets aside a judgment which has ordered an investigative measure, or which, ruling on a procedural objection, has terminated the proceedings, it may evoke the poi…
Counterclaims are also admissible on appeal.
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 parties may add to the claims submitted to the first judge only those claims which are incidental, consequential or necessary adjuncts thereto.
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.
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