Cassation court allows appeal against appellate court's failure to raise statutory exceptions d'office. The court held that judges must raise exceptions under Art. 345 c.p.c. even if not re-proposed by the losing party. The decision reversed the appellate judgment for a new trial. The ruling clarifies the duty of judges to apply mandatory legal provisions. Keywords include: Art. 345 c.p.c., Art. 346 c.p.c., d'office, preclusion, appellate review, judicial duty, statutory exceptions.

The cassation court allowed the appeal against the appellate court's judgment, which had failed to raise specific statutory exceptions on its own initiative. The losing party in the first instance had not re-proposed these exceptions in the appeal, arguing that the appellate court should have done so under Article 345 of the Code of Civil Procedure. The court ruled that when exceptions are subject to judicial review, the appellate judge has a duty to raise them regardless of the losing party's silence, thereby overturning the lower court's decision and remanding the case for a new trial.