Abstract EN:

The judicial action of an unsatisfied party to an agreement is free but not discretionary. The judicial system and the philosophy of contract law concur to impose a minimum degree of loyalty and consistency when selecting a procedural strategy. The very expression of the claim is not left to the party's sole discretion. The court practice of multiples claims, the principle of unavailability of the purpose of the litigation interpretation attest it. Express agreement on qualifications,amicable settlement or arbitration may ensure a better control of the dispute,but public order constitutes the limit to freedom. After the judgement, any renewal of the claim is limited both by the prohibition to initiate new claims in appeal and by the res judicata principle. But when different claims have the same purpose and different causes or subjects exist, a diligent party may have the choice to plead. Actually,the procedural freedom of a contracting party mainly depends on its loyalty.