appeal for termination
LexInter | October 21, 2018 | 0 Comments

APPEAL FOR TERMINATION

NEW CODE OF CIVIL PROCEDURE

Chapter III: The cassation appeal

Article 604

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

   The appeal in cassation tends to make censure by the Court of Cassation the non-conformity of the judgment which it attacks with the rules of law.

NEW CODE OF CIVIL PROCEDURE

Section I: The opening of the cassation appeal

Article 605

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

The cassation appeal is only open against judgments rendered in the last resort.

Article 606

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

The judgments of last resort which decide in their device part of the principal and order an investigative measure or a provisional measure may be subject to appeal in cassation like the judgments which decide in last resort all the principal.
* These provisions only apply to appeals made from January 1, 1980, D. n. 79-941, Nov. 7, 1979, art. 17. *

Article 607

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

Last resort judgments which, ruling on a procedural exception, disqualification or any other incident, put an end to the proceedings may also be subject to appeal in cassation.
* These provisions only apply to appeals made from January 1, 1980, D. n. 79-941, Nov. 7, 1979, art. 17. *

Article 608

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

The other final judgments can only be appealed against in cassation independently of the judgments on the merits in the cases specified by law.
* These provisions only apply to appeals made from January 1, 1980, D. n. 79-941, Nov. 7, 1979, art. 17. *

Article 609

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

Any party who has an interest in it is admissible to appeal in cassation even if the provision which is unfavorable to him does not benefit his opponent.

Article 610

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

In gracious matters, the appeal is admissible even in the absence of an opponent.

Article 611

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

In contentious matters, the appeal is admissible even when a conviction has been pronounced for the benefit of or against a person who was not a party to the proceedings.

Article 611-1

(inserted by Decree n ° 99-131 of February 26, 1999 art. 4 Official Journal of February 27, 1999 in force on March 1, 1999)

Except in cases where the notification of the decision liable to appeal is incumbent on the registry of the court which rendered it, the cassation appeal is only admissible if the decision which it challenges has been served beforehand.

Article 612

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

The deadline for appealing in cassation is two months, unless otherwise provided.

Article 613

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

The time limit runs, with regard to default decisions, from the day on which the opposition is no longer admissible.

Article 614

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

The admissibility of the cross-appeal, even initiated, obeys the rules which govern that of the
cross- appeal, subject to the provisions of article 1010. * The appeal in cassation against the decisions before saying right rendered in last resort before January 1 1980 when this remedy was open and if it is still admissible, can be formed until March 31, 1980 subject to the provisions of article 380-1 of this code, D. n. 79-941, Nov. 7, 1979, art. 18. *

Article 615

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

In the event of indivisibility with regard to several parties, the appeal of one has effect with regard to the others even if these are not joined to the cassation instance.
In the same case, the appeal against one is only admissible if all are called to the proceedings.
* The appeal in cassation against the decisions before saying right rendered in last resort before January 1, 1980 when this remedy was open and if it is still admissible, can be brought until March 31, 1980 subject to the provisions of the article 380-1 of this code, D. n. 79-941, Nov. 7, 1979, art. 18. *

Article 616

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

When the judgment can be rectified by virtue of articles 463 and 464, the cassation appeal is only open, in the cases provided for by these articles, against the judgment ruling on the rectification.
* The appeal in cassation against the decisions before saying right rendered in last resort before January 1, 1980 when this remedy was open and if it is still admissible, can be brought until March 31, 1980 subject to the provisions of the article 380-1 of this code, D. n. 79-941, Nov. 7, 1979, art. 18. *

Article 617

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

The opposition of judgments can be invoked when the objection of inadmissibility based on the authority of res judicata has been unsuccessfully opposed before the trial judges.
In this case, the cassation appeal is directed against the second judgment to date; when the annoyance is noted, it is resolved in favor of the first.
* The appeal in cassation against the decisions before saying right rendered in last resort before January 1, 1980 when this remedy was open and if it is still admissible, can be brought until March 31, 1980 subject to the provisions of the article 380-1 of this code, D. n. 79-941, Nov. 7, 1979, art. 18. *

Article 618

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

Contrariety of judgments may also, by way of derogation from the provisions of article 605, be invoked when two decisions, even not rendered in the last resort, are irreconcilable and none of them is subject to ordinary appeal; the cassation appeal is then admissible, even if one of the decisions had already been appealed against and the latter had been rejected.
In this case, the appeal may be brought even after the expiry of the period provided for in article 612. It must be directed against the two decisions; when the annoyance is noted, the Court of Cassation annuls one of the decisions or, if applicable, both.

Article 618-1

(inserted by Decree nº 81-500 of May 12, 1981 art. 28 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981)


The public prosecutor at the Court of Cassation may, with a view to referring a judgment to the court in the interest of the law, invite the public prosecutor at the jurisdiction which rendered this judgment to have it notified to the parties. The notification is made by the court secretary by registered letter with acknowledgment of receipt.

NEW CODE OF CIVIL PROCEDURE

Section II: The effects of the cassation appeal

Article 619

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

The new pleas are not admissible before the Court of Cassation.
The following may nevertheless be invoked for the first time, unless otherwise provided:
1 ° The means of pure law;
2 ° The means arising from the contested decision.
* These provisions only apply to appeals made from January 1, 1980, D. n. 79-941, Nov. 7, 1979, art. 17. *

Article 620

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

The Court of Cassation may dismiss the appeal by substituting a pure legal reason for an erroneous reason; it can also do so by disregarding an erroneous but superabundant legal ground.
It may, unless otherwise provided, quash the contested decision by automatically raising a plea of ​​pure law.
* These provisions only apply to appeals made from January 1, 1980, D. n. 79-941, Nov. 7, 1979, art. 17. *

Article 621

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

(Decree nº 86-585 of March 14, 1986 art. 3 Official Journal of March 19, 1986)

If the cassation appeal is dismissed, the party who lodged it is no longer admissible to file a new one against the same judgment, except in the case provided for in article 618.
The same applies when the Cour de cassation notes his relinquishment, declares the appeal inadmissible or declares forfeiture.
The defendant who has not lodged a cross-appeal or brought up against the contested judgment within the time limits set by article 1010 is no longer admissible to appeal as a main action against this judgment.

* The provisions of paragraph 1 only apply to appeals made from January 1, 1980, D. n. 79-941, Nov. 7, 1979, art. 17. *

Article 622

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

The judgments delivered by the Court of Cassation are not open to opposition.
* These provisions only apply to appeals made from January 1, 1980, D. n. 79-941, Nov. 7, 1979, art. 17. *

Article 623

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

The cassation can be total or partial. It is partial when it affects only certain heads that can be dissociated from the others.
* These provisions only apply to appeals made from January 1, 1980, D. n. 79-941, Nov. 7, 1979, art. 17. *

Article 624

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

The censorship which attaches to a judgment of cassation is limited to the scope of the means which constitutes the basis of the cassation, except in the case of indivisibility or necessary dependence.
* These provisions only apply to appeals made from January 1, 1980, D. n. 79-941, Nov. 7, 1979, art. 17. *

Article 625

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

On the points it reaches, the cassation replaces the parties in the state they were in before the judgment quashed.
It entails, without there being any need for a new decision, the annulment as a consequence of any decision which is the continuation, the application or the execution of the annulled judgment or which is linked to it by a link of dependency required.
* These provisions only apply to appeals made from January 1, 1980, D. n. 79-941, Nov. 7, 1979, art. 17. *

Article 626

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

As stated in Article L. 131-4 of the Code of Judicial Organization: “In the event of cassation, the case is referred, unless otherwise provided, to another court of the same nature as that from which it emanates. ‘judgment or judgment overturned or before the same court composed of other magistrates. ”
* These provisions only apply to appeals made from January 1, 1980, D. n. 79-941, Nov. 7, 1979, art. 17. *

Article 627

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

As stated in Article L. 131-5 of the Code of Judicial Organization: “The Court of Cassation may quash without referral when the cassation does not imply that a new ruling on the merits has been made.
it can also, breaking without reference, to end the dispute where the facts as they were supremely recognized and appreciated by the lower courts, enable it to apply the appropriate rule of law.
in such cases, it pronounces on the burden of the costs relating to the proceedings before the trial judges.
The judgment entails enforcement.
* These provisions only apply to appeals brought from January 1, 1980, D. n. 79-941, 7 November 1979, art. 17. *

Article 628

(Decree nº 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979) (Decree nº 85-1330 of December 17, 1985 art. 2 Official Journal of December 18, 1985 in force on January 1, 1986) (Decree nº 2001 -373 of April 27, 2001 art. 1st Official Journal of April 29, 2001 in force on January 1, 2002)

The cassation plaintiff who is unsuccessful in his appeal may, in the event of an appeal deemed abusive, be sentenced to a civil fine the amount of which may not exceed 3,000 euros and, within the same limits, to the payment of compensation to the defendant.

Article 629

(Decree nº 85-1330 of December 17, 1985 art. 3 Official Journal of December 18, 1985 in force on January 1, 1986)

Without prejudice to the application of the provisions of article 700, the Court of Cassation may leave all or a portion of the costs to be borne by a party other than the unsuccessful party.

Article 630

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

The judgment entails forced execution for the payment of the fine, compensation and costs.
* These provisions only apply to appeals made from January 1, 1980, D. n. 79-941, Nov. 7, 1979, art. 17. *

Article 631

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

Before the referring court, the investigation is resumed in the state of the procedure not reached by the cassation.
* These provisions only apply to appeals made from January 1, 1980, D. n. 79-941, Nov. 7, 1979, art. 17. *

Article 632

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

The parties can invoke new means in support of their claims.
* These provisions only apply to appeals made from January 1, 1980, D. n. 79-941, Nov. 7, 1979, art. 17. *

Article 633

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

The admissibility of new claims is subject to the rules which apply before the court whose decision has been overturned.

* These provisions only apply to appeals made from January 1, 1980, D. n. 79-941, Nov. 7, 1979, art. 17. *

Article 634

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

The parties who do not formulate new pleas or new claims are deemed to stick to the pleas and claims they had submitted to the court whose decision was quashed. The same is true of those who do not appear.
* These provisions only apply to appeals made from January 1, 1980, D. n. 79-941, Nov. 7, 1979, art. 17. *

Article 635

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

The intervention of third parties is subject to the same rules as those which apply before the court whose decision has been overturned.
* These provisions only apply to appeals made from January 1, 1980, D. n. 79-941, Nov. 7, 1979, art. 17. *

Article 636

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

   Persons who, having been parties to the proceedings before the court whose decision has been quashed, have not been so before the Court of Cassation may be called upon to the new instance or intervene voluntarily, when the cassation prejudices their rights.
* These provisions only apply to appeals made from January 1, 1980, D. n. 79-941, Nov. 7, 1979, art. 17. *

Article 637

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

These persons may, under the same condition, take the initiative to seize the referring court themselves.
* These provisions only apply to appeals made from January 1, 1980, D. n. 79-941, Nov. 7, 1979, art. 17. *

Article 638

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)

The case is once again judged in fact and in law by the referring court to the exclusion of the heads not affected by the cassation.
* These provisions only apply to appeals made from January 1, 1980, D. n. 79-941, Nov. 7, 1979, art. 17. *

Article 639

(Decree n ° 79-941 of November 7, 1979 art. 2 Official Journal of November 9, 1979 in force on January 1, 1980)


The referring court rules on the burden of all the costs incurred before the main courts, including those relating to the decision quashed.
* These provisions only apply to appeals made from January 1, 1980, D. n. 79-941, Nov. 7, 1979, art. 17. *

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