اجراءات التقاضي بالدعوى المدنية بعد النقض - دراسة مقارنة -

Volume 11, Issue 1
Spring 2020
Pages 151-179

Authors

AL-Qadisiya Journal

Abstract
Looking into the distinctive appeal or cassation appeal as it is called
according to the Egyptian and French legislators, results in two ways.
Either, they rule in favour of the appealed decision, or they cancel it, the
cassation appeal is a decision issued by the jurisdiction that is competent to
look into the distinctive appeal, which is in the Iraqi law, the Federal Court
of Cassation and the appeal court in its cassation function, And that is after
discovery of the reasons that requires cassation, the trajectory of the case
goes in either one of these two, the first way that it can go by is that it
would be sent back to the facts court so that it can be looked upon again,
with consideration to the form of the cassation whether completely or
partially, because the complete cassation requires that the case would be
looked over again from all aspects, in addition to cancelling all what has
been executed before, and the partial cassation gives the part that is not
revoked the authoritative power of command, and it is obligatory between
the parties, therefore the partial revocation does not affect this part of the
decision.
The second trajectory after cassation is the termination of the case by the
competent court.
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  • Receive Date 27 August 2023