Article 461 of the Civil Procedure Law allows a judgement to be
appealed by the party that initially would not have done so, but
takes advantage of the fact that the other party does so. In this
case a separate appeal is filed without limits as to its scope and
effects.
The reason for this possibility is a concession to the litigant
who initially did not appeal, although his claims were not fully
satisfied by the judgement, to rethink his initial decision not to
appeal as consequence of the fact that his opponent has
appealed.
This means that if the opponent had not decided to appeal, the
judgement would have been final and unassailable.
Since the judgement was appealed, the Civil Procedure Law moves away from the
principle of estoppel and allows the appellee to have the
opportunity conferred by the opposing party's appeal to
challenge, in turn, the judgement. The appeal would concern what
the appellee deems unfavourable and what he would have conformed
with if
