Cassation: Exclusive Grounds and Procedures
Explanation
This explanation clarifies the rules of practice for the appeal by way of cassation ([le pourvoi en cassation]). It also clarifies its specific grounds in the Code of Civil Procedure. It is not a substitute for the explicit legislative text presented on the page. The law restricts the grounds for cassation to eight specific grounds. These grounds include the violation of the law ([la violation de la loi]) or error in its application or interpretation. The appellant is obligated to state the legal text or principle and the aspects of the violation. They also include the violation of the rules of functional or subject-matter jurisdiction ([la compétence d'attribution]). They include contradiction in the operative part of a single decision that makes its execution impossible. They include omission to rule on one of the claims. They include ruling on what the litigants did not claim or more than what they claimed ([ultra petita]). They include lack of legal basis ([le défaut de base légale]) due to insufficient or unclear factual grounds. They include distortion of the content of documents ([la dénaturation des pièces]). They also include contradiction between two judgments issued in the last instance in the same lawsuit.
The legislator set a financial threshold for the appeal in cassation under Article 709. It is not permissible to appeal decisions issued in cases where the value of the claim does not exceed LBP 300,000,000. (Fifty times the amount stated in the text of the article, pursuant to Decree No. 13909 dated 12/9/2024). If the value does not exceed this limit, the law restricts the acceptance of the appeal exclusively to specific grounds. These are the second, third, fourth, fifth, and eighth grounds of Article 708. The value of the dispute at the date of submitting the cassation is adopted.
The law specifies the time limit for the principal appeal in cassation as two months. This time limit starts as a general rule from the date of notification of the appealed decision. This is unless a special provision stipulates otherwise (Article 710). In the event of multiple appellate decisions issued in a single case, the law set a special rule. It permitted the cassation of what can be appealed separately. It also permitted appealing them with the final decision within the legally specified time limit.
The law regulates the means of response and counter-appeals. It allowed the appellee to submit an incidental appeal ([le pourvoi incident]). This is within thirty days from being notified of the principal appeal. The appeal is accepted even after submitting to the decision or the expiration of the cassation time limit (Article 712). It also allowed directing this incidental appeal against another adversary in the appellate trial. It is required that claims directed against them were dismissed. It allowed the person against whom an incidental appeal is directed to submit a cross-incidental appeal. This is within fifteen days from being notified of it (Article 714).
The law requires specific formalities for accepting the cassation petition. It mandated its signature by an appellate lawyer ([avocat à la cour]). It mandated its inclusion of the details of the litigants, their capacities, and their domiciles. The appealed decision, the grounds for cassation, and the claims must be stated. A certified copy of the decision and supporting documents must be attached (Article 718). Article 725 also regulates the deadlines for the exchange of briefs ([l'échange des conclusions]). It granted the respondent to the cassation a time limit of thirty days to reply. It granted them a similar time limit for the detailed brief. It granted the appellant in cassation fifteen days to respond. It granted their adversary fifteen days for the final response. Article 730 requires referring the file to the Public Prosecution. This is to express its opinion within fifteen days in specific cases.
Official legal articles
replace · 1985-03-28: Open the official text
replace · 1985-03-28: Open the official text
amend · 1992-05-14: Open the official text
amend · 2024-09-19: Open the official text
replace · 1985-03-28: Open the official text
replace · 1985-03-28: Open the official text
amend · 1985-03-28: Open the official text
Think deeper
How does restricting the appeal in cassation in cases whose value does not exceed LBP 300,000,000 to specific grounds connect to the idea of protecting jurisdiction rules? How does it connect to the authority of res judicata and preventing judicial contradiction? Compare this to the excluded grounds such as violation of the law and distortion of documents.
Flashcards
What is the time limit for the principal appeal by way of cassation and when does it start as a general rule?
Two months, and it starts from the date of notification of the decision when a special provision does not designate another time (Article 710).
What is the required condition for signing the cassation appeal petition?
The cassation petition must be signed by an appellate lawyer (Article 718).
What are the acceptable grounds for an appeal in cassation if the value of the dispute does not exceed LBP 300,000,000?
The appeal is only accepted for specific grounds such as jurisdiction, contradiction, omission of claims, ruling for more than claimed, and contradiction between two judgments (Article 709). (Fifty times the amount stated in the text of the article, pursuant to Decree No. 13909 dated 12/9/2024).
What is the time limit for submitting an incidental appeal by the appellee?
Thirty days from the date of being notified of the principal appeal, even after submitting to the decision or the expiration of the cassation time limit (Article 712).
What is the time limit for submitting a cross-incidental appeal by the person against whom an incidental appeal is directed?
Fifteen days from the date of being notified of the incidental appeal, even after submitting to the decision or the expiration of the appeal time limit (Article 714).
What does the law impose on the appellant when relying on the ground of violation of the law or error in its application or interpretation?
They must state the legal text, legal principle, or legal rule upon which the violation or error occurred, and the aspects of the violation or error (Article 708).
What is the time limit for the Public Prosecution to express its opinion when the appeal file is referred to it in the cases specified by law?
Fifteen days from the date the appeal file is referred to it (Article 730).
Practice questions
If an appellate decision is issued in a lawsuit where the value of the dispute reached LBP 200,000,000 at the date of submitting the cassation, which of the following grounds is precluded from being accepted for an appeal in cassation?
The law stipulates that if the value does not exceed LBP 300,000,000, the appeal is only accepted for specific grounds such as jurisdiction, contradiction, and omission of claims (Article 709). (Fifty times the amount stated in the text of the article, pursuant to Decree No. 13909 dated 12/9/2024). Therefore, the ground of violation of the law is automatically excluded.
What is the legal time limit granted to the respondent to the cassation to submit their reply brief in response to the cassation petition?
The law explicitly stipulates that the respondent to the cassation may, within thirty days from the date of notification, submit a brief in which they reply to the cassation petition (Article 725).
What is the formal procedure and mandatory attachment that must be appended to the cassation appeal petition?
The law requires attaching a certified copy of the appealed decision, and the documents supporting the appeal unless they are deposited in the file of the case in which the decision requested to be quashed was issued (Article 718).
When is the ground of lack of legal basis for the appealed decision realized?
The law defined the lack of legal basis as the case where the factual grounds of the decision are insufficient or unclear to support the legal solution decided therein (Article 708).
At what date is the estimation of the value of the dispute determined to apply the threshold for the appeal in cassation?
The law explicitly stipulates that the value of the dispute at the date of submitting the cassation is taken into consideration (Article 709).
What is the time limit for submitting a cross-incidental appeal by the person against whom an incidental appeal is directed?
The law stipulates that the person against whom an incidental appeal is directed may submit a cross-incidental appeal within fifteen days from being notified of the incidental appeal, even after submitting to it or the expiration of the appeal time limit (Article 714).
Case problems
A final appellate decision was issued obligating the defendant to pay the sum of LBP 250,000,000 to the plaintiff. However, the court completely omitted to rule on the plaintiff's claim regarding obligating them to pay legal interest. The plaintiff was notified of the decision on February 5. On March 25, they submitted a cassation petition signed by an appellate lawyer and accompanied by a certified copy of the decision. They appealed it based on two grounds. The first is the omission to rule on one of the claims. The second is the error in interpreting the contract provisions and applying the law. The respondent to the cassation pleaded the non-acceptance of the appeal in form. They argued that the value of the lawsuit is less than LBP 300,000,000. They also argued that the appeal was submitted after the expiration of the legal time limit.
Model answer
First, regarding the time limit for the appeal in cassation, the law specifies the time limit for the appeal as two months. This time limit starts from the date of notification of the decision (Article 710). Considering that the notification occurred on February 5 and the appeal was registered on March 25. The appeal was submitted within the legal two-month time limit.
Second, regarding the mandatory formalities, the law requires the cassation petition to be signed by an appellate lawyer. It requires attaching a certified copy of the appealed decision (Article 718). The petition here fulfills these conditions.
Third, regarding the value threshold and acceptable grounds, the appeal is only accepted for specific grounds. This is if the value of the dispute does not exceed LBP 300,000,000 at the date of submitting the cassation (Article 709). (Fifty times the amount stated in the text of the article, pursuant to Decree No. 13909 dated 12/9/2024). The value of the dispute here is LBP 250,000,000.
Fourth, conclusion, the ground based on the omission to rule on one of the claims is legally acceptable. It is explicitly excepted from the financial threshold condition (Article 709). Meanwhile, the ground based on the error in interpreting and applying the law must be dismissed and not accepted. It cannot be invoked in lawsuits whose value does not exceed LBP 300,000,000.
Self-grading rubric
In a real estate dispute, the principal appellant submitted a cassation petition against the appellee. The appellee was notified of the petition on March 10. On April 2, the appellee deposited a reply brief at the court registry that included an incidental appeal against the appealed decision. They also directed this incidental appeal against another person who was an adversary in the appellate trial. The appellate court had ruled to dismiss claims directed by the submitter of the incidental appeal against this adversary. That adversary was notified of the incidental appeal on April 15. On April 28, they submitted a cross-incidental appeal against the appellate decision. The principal appellant pleaded the invalidity of the incidental and cross-incidental appeals on the claim of the expiration of the principal appeal time limit and the latter adversary's submission to the appellate decision.
Model answer
First, regarding the incidental appeal submitted by the appellee, the law grants the appellee the right to submit an incidental appeal within a time limit of thirty days from the date of being notified of the principal appeal, even after submitting to it or the expiration of the cassation time limit (Article 712). Since they were notified on March 10 and submitted their appeal on April 2, their incidental appeal falls within the legal time limit and is acceptable in form.
Second, regarding directing the incidental appeal against the other appellate adversary, the law permits directing it within the same time limit against any adversary in the appellate trial, even if not an appellee, provided that the submitter of the incidental appeal had directed claims against them in the appeal that were dismissed (Article 714). This condition is fulfilled in this fact pattern.
Third, regarding the cross-incidental appeal, the law explicitly stipulates that the person against whom an incidental appeal is directed may submit a cross-incidental appeal, even after submitting to the decision or the expiration of the appeal time limit, within fifteen days from being notified of the incidental appeal (Article 714). Since they were notified on April 15 and submitted their cross-appeal on April 28, their cross-appeal is acceptable in form, and their previous submission or the expiration of the principal time limit has no effect.