The power of the Court of Cassation to appeal for the second time - Comparative study -

Abstract

The Court of Cassation is the highest judicial body that aims to unify the judiciary and achieve justice, and the principle is that this court is not allowed to adjudicate the litigation, since its main function is to monitor the integrity of the application of the law in the judicial rulings that are subject to appeal in order to ensure the correctness of the application of legal rules to The facts presented to the trial court that issued the contested judgment. When challenging the judgment before the Court of Cassation, it makes sure that the judge has given the correct legal description that is consistent with the facts before him. Understanding the legal rule or its application to the incident in question, or whether he was correct in what he issued, and it monitors the extent to which the trial court complies with the formal rules that must be followed in the procedures and judgment and in light of that it decides to accept the appeal or reject it. which issued the contested judgment to take over the judgment in it again, but this principle of the nature of the function of the Court of Cassation is given an exception according to which the Court of Cassation is granted the authority to rule In the case, after its rescission of the judgment subject to appeal within a narrow scope and according to certain regulations, and that is upon appeal for the second time and when the validity of the ruling on the matter is valid .