Article 144 of Code of Civil Procedure

The appeal transfers the action in the condition it was in before the appealed judgment was rendered, only in respect of the matters appealed. The court shall consider the appeal on the basis of the new evidence, pleas, and grounds of defence submitted to it Home Page 632 Law Index Law of Procedure Decree-Law No. 38 of 1980 Promulgating the Law of Civil and Commercial Procedure and those previously submitted to the court of first instance. New claims shall not be admitted on appeal, and the court shall rule of its own motion that they are inadmissible. Nevertheless, wages, salaries, and all other ancillary entitlements accruing after submission of the final claims before the court of first instance, and any increase in compensation after submission of those claims, may be added to the original claim. Likewise, while the subject matter of the original claim remains unchanged, its cause may be changed and added to. A person who was not a party to the action in which the appealed judgment was rendered may not be joined on appeal. Intervention therein shall be permitted only by a person seeking to join one of the parties, or by a person against whom the appealed judgment is binding and who may object to it in accordance with the provisions prescribed in this regard. An appeal against the judgment terminating the litigation necessarily entails an appeal against all judgments previously rendered in the case unless they have been expressly accepted, subject to the first paragraph of this Article.