Often, after receiving an unfavorable judgment from the court of first instance, many seek the assistance of a lawyer before the appellate courts. A careful review of the case file frequently reveals legal defenses that were not raised, which could potentially change the outcome in their favor. Unfortunately, numerous individuals lack sufficient awareness of the procedures that are integral to public order. 

This article aims to shed light on the procedural aspects of civil procedure law, particularly for those who may not possess a deep understanding of court procedures or the specifics of their cases. 

Our focus is the devolutive effect of an appeal, which involves transferring the dispute adjudicated by the court of first instance to the appellate court. This transfer is limited to the issues raised in the appeal, allowing the appellate court to examine the matter from both factual and legal perspectives. This principle clarifies that the devolutive effect is confined solely to the matters determined by the court of first instance and pertains only to the issues raised in the appeal. Additionally, the appeal must be procedurally acceptable; otherwise, it will have no effect. 

This application is evident in both the UAE Civil Procedure Code and its French counterpart. The framework for appealing judgments is derived from the old French law and was further regulated by post-Revolution laws in 1790, which established the two-tier litigation system for the first time. 

The nature of the appeal’s effect is primarily negative for the court of first instance, highlighting the finality of its jurisdiction upon issuing a judgment. Consequently, the court is unable to withdraw or amend its judgment, nor can it order immediate execution or suspension. Nevertheless, as with any rule, exceptions exist.  

The court that issued the judgment may retain the right to reconsider the case if a request for retrial is made, or it may possess certain complementary powers related to the original case. Once an appeal is filed, these complementary powers are extinguished, reflecting what can be described as the negative aspect of the appeal and the exhaustion of jurisdiction concerning public order. This principle is rooted in the need to stabilize legal positions and protect their substantive content. 

From a legal standpoint and based on practical experiences in the courts of the UAE, once an appeal is lodged, the appellate court engages with the legal and factual elements of the dispute presented under the appeal’s effect. For the court to reconsider the dispute, the appeal must be procedurally acceptable, and the judgment must pertain to the same issues determined by the lower court. It is crucial to distinguish between two scenarios: 

1. First scenario: If the appellate court annuls the appealed judgment due to a defect inherent in that judgment—such as a ruling made in a closed session or a lack of reasoning—the entire dispute is then presented to the appellate court. Should the judgment be annulled, the court is authorized to address the merits of the case under the appeal's effect. 

1. Second scenario: If the annulment arises from issues related to the statement of claim or its notification, the appellate court may declare the judgment void. In this context, the statement of claim serves as the foundation of the litigation, and if the notification is found invalid, the dispute cannot be established between the parties. No subsequent action can rectify this defect. 

The devolutive effect of an appeal prohibits the introduction of new claims before the appellate court, a principle adhered to in Emirati law. The appellate court may reject new requests presented for the first time. Exceptions are limited to requests for additional wages, interest, and other entitlements that arise after the final pleadings are submitted in the court of first instance, as well as claims for extra compensation following the original request. 

In contrast, the new French law broadens these exceptions, allowing for the submission of counterclaims in appeals and addressing issues that may arise from third-party interventions or the discovery of new facts. 

In conclusion, navigating the complexities of civil procedural law is essential for individuals pursuing justice through appellate courts. Comprehending the devolutive effect of an appeal and the constraints it entails can profoundly influence the resolution of a case. While both the UAE and French legal systems provide structured frameworks for appeals, the procedural variances underscore the necessity of legal representation and informed awareness.