الاستئناف المثار في قانون الإجراءات المدنية الفرنسي طبيعته و تطبيقاته

الملخص EN

We studied the appeal raised in the French Civil Procedure Code, its nature - its applications, the grounds on which the French legislator authorized the use of this method, the relationship between it and the original appeal, and the conditions for its acceptance, and our goal is to reveal what it is as a technical model established by some procedural legislation - which takes it -, However, a group of people find themselves facing two dangers, the risk of an original appeal affecting their rights when the judgment under appeal is amended, and the risk of missing the deadline, and they cannot use any other means to defend these rights except to resort to this technical tool.

And we discussed the ambiguous nature of the raised appeal, as the jurisprudence and the judiciary did not have a single opinion about that nature, although it was mixed to some extent with other similar procedural systems such as the intervention system.

However, this similarity is merely an apparent similarity, and it is indispensable for the necessity to contradict each other, even though drawing the boundary between them remains difficult, and to demonstrate further that the Libyan procedural legislator is satisfied with only one type of interchangeable appeals, which is the opposite appeal, and codify its rules In Article 323 pleadings; However, it can be said that most of the appeal - related to the order of appeal - is applicable in similar circumstances before a Libyan judge There is nothing to prevent the introduction of foreign procedural experiments, but rather the development of the theory of appeal, if its aim is to facilitate the litigants in litigation in general, and so that no matter related to this dispute is not returned again before the court of first instance.