قاعدة تقديم كافة أسانيد الطلب القضائى أمام محكمة أول درجة على ضوء قضاء محكمة النقض الفرنسية

الملخص EN

The judgments of the Court of Cassation of the French Court of Cassation are based on the principle of presenting all the bases of a single judicial application which the defendant insists on before the court of first instance, so that the litigant must submit all these bases of evidence, whether legal or factual, before the court of first instance.

The same cannot be raised again on the basis of a legal or factual basis which was not previously presented in the first case.

The defendant must also uphold all the bases of his substantive plea once before the court of first instance, and therefore cannot, on the basis of a new legal basis, either before the court of appeal, or before the court of first instance, in the case where the subject of a new action is filed, which means that the competent court will reject any new request or a new payment made, with the litigation which is based on the previous claim, even the previous law of the previous law of the plea new one The ruling of rejection is a criminal sanction related to public order, so that the court will abide by the ruling of rejection on its own, without the need for the opponent who is interested to uphold it.

Accordingly, it is questioned what this procedural rule was created in the French judiciary, the philosophy on which it is based, the difference between it and procedural ideas that may be similar to it, and the results of the activation of this important rule.