INSTANCE
LexInter | September 9, 2018 | 0 Comments

INSTANCE

PROCEDURE   COURT OF LEGAL COURT COURT OF HIGH LEVEL   COURSE OF THE TRIAL

Instance

Sequence of proceedings from the beginning to the end of the trial. The instance is instituted by the legal demand for civil trials (before the district court or the high court , by the opening of the investigation for the criminal trial (before the Criminal Court | formation of the court of great instance ], it ends with the judgment . 

Instance link

The request creates the link between the litigants

Remedies and proceedings

The exercise of the remedies , except the opposition, gives rise to a new instance.

Instance and concentration of requests

Case law has created an obligation to concentrate requests by means of the authority of res judicata by ruling that ” it is up to the applicant to present, from the proceedings relating to the first request, all the means he considers of such a nature as to found this one “: the litigant must concentrate his legal means in his request because the res judicata will be valid for the means which could have been raised as for those which were raised ( Cass. Ass. Pl. July 7, 2006 ,  Cass. Civ. 1st September 24, 2009 )

Instance and action

Instance is a procedural notion that is distinct from action . The action is the right of a person to go to a court to assert his claim, the proceeding is the procedure brought on the basis of the action.

CPC provisions concerning the instance: Articles 1 to 3  , 367 et seq. (instance incidents) 

Proceedings and claims based on the same cause

it is incumbent on the applicant to present in the same instance all the claims based on the same cause and […] he cannot invoke in a subsequent instance a legal basis which he had refrained from raising in due time Cass.1st civ. May 28, 2008 , Cass. civ. 3, February 13, 2008 , Ass. Plen. July 7, 2006

 A subsequent request would be inadmissible because it is contrary to res judicata.

The instance has several phases. The first instance is that which takes place before the first degree of jurisdiction, with the first judges. It is possibly followed by an appeal and / or a cassation.

The proceeding takes place until judgment or a cause for extinction of the proceeding (withdrawal or expiration). It can be interrupted and resumed.

I ntroduction of proceedings

When a request is presented by summons, the date on which proceedings are instituted must be understood as the date of this summons, provided that it is submitted to the secretariat-registry . Opinion of the Court of Cassation

Incidents ending the proceeding

The incidents ending the proceedings are defined by an opinion of the Court of Cassation .

Civil proceedings and proceedings

HIGH COURT

ADMISSIBILITY

 

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