Title 7
in forceAppellate proceedings
Section 1
Of matters subject to appeal
Parties may lodge an appeal against a judgment rendered in first instance, unless the claim on which the court in first instance had to decide does…
No appeal shall lie in cases involving only legal consequences which are at the free disposal of the parties and where the parties have agreed to…
Any party who has acquiesced in a judgment can no longer be admissible to lodge an appeal against it.
No appeal shall lie from judgments rendered by default, but if the original claimant appeals the judgment, the defendant shall likewise be entitled…
An appeal may be lodged against judgments whereby a provisional measure is granted or refused before the final judgment has been rendered.
Section 2
Of the time limit for appeal
The period for lodging an appeal is three months, to be calculated from the day of the pronouncement of the judgment or the day of the oral…
If a timely appeal in cassation has been lodged against a judgment, but this judgment is found not to be subject to cassation, the period for lodging…
Upon the death of the party ruled against during the course of the period for appeal, the appeal may still be instituted by their heirs or successors…
Section 3
Of the proceedings in appeal and the consequences thereof
An appeal shall be commenced by a summons in the same form and with the same requirements as those in first instance, without the necessity of…
All cases brought on appeal before the higher court shall be entered on the cause list of a single-judge chamber and shall be heard by that chamber.
The provisions concerning the proceedings on appeal shall apply both to the proceedings before a single-judge chamber and to those before a…
In appeal, a statement of claim and a statement of defence shall be filed.
The original defendant may introduce new points of law, constituting a defense on the merits, unless the same have been waived in the proceedings at…
In both the principal and the incidental appeal, the new defences referred to in the preceding article may be raised by means of reasoned pleadings.
The appeal suspends the execution of the judgment, unless it has been stipulated therein that the same shall be executed provisionally in cases where…
If an appeal has been lodged against a judgment that has been declared provisionally enforceable, the higher court may, upon the motion of a party…
Insofar as it does not follow otherwise from this Title or from another statutory regulation, the Second Title shall apply mutatis mutandis on…
In the event of an appeal against an interlocutory judgment, the appellate court, when it affirms the judgment, shall remit the case to the court of…
When the court in appeal sets aside an interlocutory judgment, it may retain the case in order to decide on the merits in appeal.
Section 4
Appeal against orders
Against final orders in cases as referred to in Article 261, an appeal shall lie, except in the event of acquiescence.
An appeal shall be instituted by the filing of a notice of appeal at the registry of the court of appeal. The notice of appeal shall state, in…
An appeal stays the operation, unless the order has been declared provisionally enforceable.
The court shall determine the day and time at which the hearing commences. It shall also order the summoning of the appellant, the petitioner in the…
Insofar as it does not follow otherwise from this Section or from another statutory regulation, the Third Title shall apply mutatis mutandis on…