Tierce Opposition and Appeal for Revision in French Law

Extract

[...] What is the envisaged appeal? The appeal in revision is to have a judgment revoked that has been rendered in a state of res judicata in the prospect that the case is judged anew in law and in fact (article 593 of the CPC). This appeal can only be made by the parties who were parties or represented at the judgment (article 594 of the CPC), in 4 specific cases. In fact, it can be made when, after the judgment, the party in favor of which the decision was rendered, has committed fraud; if since the judgment, decisive documents had been retained by one of the parties; if documents have been declared judicially false since the judgment; if attestations, testimonies or oaths have been declared false since the judgment (article 595 of the CPC). [...]

[...] The interest invoked must be direct and personal (Cass. civ. 1er October 1979, n°78-80.014), but the prejudice does not necessarily have to be already realized, it can be future, or even potential (Cass. civ May 1953). In addition, the members of a de facto society cannot form third-party opposition against the judgment that condemned the society (Cass. civ. 1er October 1967). In this case, the former president having resigned at the time of judgment, he lost his quality as the legal representative of the company, and was therefore not a party nor represented at the judgment. [...]

[...] Furthermore, lying generates the judge's deception and constitutes a fault (Douai June 1976). In this case, the intention to deceive the judge was present in the husband so that he would not be awarded a compensatory allowance to the wife. His statements were thus decisive in the judge's decision, who was deceived by the husband's lies. In addition, the creditor's concealment of his income during the previous instance, opens the right to a revision appeal (Cass. civ. 1er November 2010, n°09-14.712). [...]

[...] The tierce opposition is the means of appeal aimed at having a judgment retracted or reformed in favor of the third party who attacks it (article 582 of the CPC). This appeal is only open against judgments (Cass. civ. 3and May 1994, n°92-14.794). In this case, the former president contests the date of cessation of payments of the judgment rendered. In addition, this appeal can be made by any person having an interest, provided that they have not been either a party or represented in the judgment they are attacking (article 583 paragraph 1 of the CPC; Cass. civ. [...]