Part First: Third Party Opposition

Article 671

Execution may be suspended by court order when circumstances require such measure.

Article 672

1. All judgments are subject to third-party opposition, unless the law provides otherwise. 2. Third-party opposition to the appellate judgment is also acceptable, even if the judgment was issued in response to a rejected appeal for cassation filed against it.

Article 673

1. Amended: It is permissible for a third party to appeal, for any person with an interest who was neither a party nor represented in the trial in which the judgment being appealed was issued.

Article 674

1. An amendment allows third parties to object to creditors and other successors by appealing any judgment issued against their predecessors in rights if it was tainted with fraud or deceit directed at them, or if they presented reasons or defenses specific to them.

Article 675

If the law restricts the right of appeal to a specific person or several specific persons, then those who are deprived of the right of appeal shall not have the right to challenge the judgment by means of a third-party objection.

Article 676

If the judgment is indivisible with regard to several defendants, an appeal by way of third-party opposition shall not be accepted unless all such defendants have been summoned to the trial.

Article 677

It is permissible for one who does not resort to third-party objection to invoke the relativity of the adjudged case.

Article 678

1. The objection of a third party is of two types: original and incidental.

Article 679

The bailiff shall be responsible for proper execution of the judgment.

Article 680

An original third-party objection is submitted to the court that issued the judgment being appealed through a memorandum deposited with its clerk. The rules and procedures applicable before this court are applied to it.

Article 681

An objection by a third party is submitted to the court before which the objector has appeared in the context of another trial, against a judgment that the latter was not a party to or represented in, when the court to which the objection is submitted is of the same degree or of a higher degree than the court that issued the judgment being objected to, and the dispute in which the judgment was issued falls within its jurisdiction. If either of the two aforementioned conditions is lacking, the objection must be submitted in its original form to the court that issued the judgment.

Article 682

The judgment debtor may request a stay of execution when he demonstrates substantial grounds.

Article 683

The court before which the judgment under appeal is pleaded in objection by a third party shall decide, depending on the circumstances, either to dismiss this appeal and continue the trial or to suspend the proceedings until a final judgment is rendered on the objection by the third party.

Article 684

The appellant must establish evidence that the contested decision was issued in an incorrect manner in fact or in law.

Article 685

1. The judgment issued in the objection of a third party, in accordance with the claims contained therein, rules on the annulment of the judgment being objected to or its amendment within the limits of what affects the rights of the objector. 2. The original judgment retains its effects between the litigants therein, including its nullified provisions. However, the judgment issued in the objection of a third party has the authority of res judicata with regard to the adjudicated matter against all litigants who were summoned to the trial, in accordance with the provisions of Article 676.

Article 686

The court may grant a stay of execution if it finds that the judgment debtor would suffer irreparable harm.

Article 687

Article 1. It is permissible for a third party to object to criminal judgments insofar as they have addressed civil disputes that were settled in conjunction with the public prosecution. The original objection is submitted before the civil court located in the region of the criminal court that issued the judgment and is equivalent to it in rank, and is competent to consider the value of the dispute. All other provisions stipulated in this law shall apply to the objection of a third party in this case. Section Two - Retrial