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Acquiescence

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  • Legal and voluntary acquiescence: enforcement of the judgment and consequences

    By Raphaël MORENON
    1 April 2025
    You have lost your case. You hesitate to appeal. In the meantime, you receive an invitation to pay the fines. You comply without reservation. Did you know that this simple payment could permanently deprive you of your right to appeal? This is the dreaded effect of implied acquiescence. For an in-depth analysis of the irreversible consequences of acquiescence, see the practical implications. Acquiescence closes all avenues of appeal. For a complete definition and the fundamental principles of acquiescence in civil law, discover the basics of this legal concept. As article 409 of the Code of Civil Procedure states, acquiescence expresses submission to the judgment. This waiver may be express or implicit, silent but definitive. 1. Legal acquiescence Legal acquiescence is inferred from conduct. It does not require proof of an intention to acquiesce, which distinguishes it from other forms such as implied acquiescence, which requires an unequivocal expression of will. Three cumulative conditions must be met...
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