The power of the Court of Cassation to appeal for the second time - Comparative study -
الكلمات المفتاحية:
- The appeal for the second time. - The Court of Cassation. - Addressing the chapter on the topic.الملخص
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 .
المراجع
First: legal books:
- Ajyad Thamer Nayef, The Procedural Protection of Civil Rule from Contradiction, 1st edition, Dar Al-Jil Al-Arabi, Mosul, 2013.
- Ahmed Abu Al-Wafa, Commentary on the Procedures Law Texts, 6th Edition, Manshaat Al-Maarif, Alexandria, without a year of printing.
- ………….. , Judgment Theory in Procedure Law, Al-Wafaa Law Library, Alexandria, 2015.
- Ahmed Meligy, Third Party Litigation and the Incorporation of a Guarantor in Civil Litigation, 2nd edition, Dar Al-Fikr Al-Arabi Library, Cairo, 2003.
- Ahmed Hendi, Judgments of the Court of Cassation, Dar Al- Jameea Al- Jadida, Alexandria, 2006.
- ……………..,Commentary on the Procedure Law and its amendments, Part 4, Dar Al- Jameea Al- Jadida, Alexandria, 2008.
- ……………,The principle of litigation on two degrees, Dar Al- Jaemea Al- Jadida, Alexandria, 2009.
- Adam Wahib Al-Nadawi, Civil Procedures, Dar Ibn Al-Atheer, University of Mosul, 2011.
- Elias Abu Eid, Case Theory in the Origins of Civil Trials, 1st Edition, Al-Halabi Human Rights Publications, Beirut, 2010.
- Juma Saadoun Al-Rubaie, The Guide to Establishing Civil Cases, Al- Maktaba Al- Qanunnia, Baghdad, 1992.
- Sabeel Jaafar Haji, Discrimination Appeal in Civil Judicial Rulings, Dar Al-Kutub Al-Qanunia, Egypt, 2013.
- Diaa Sheet Khattab, Research and Studies in Civil Procedure Law, Institute of Arab Research and Studies, Cairo, 1970.
- Ashour Mabrouk, The Procedural System for Cassation Appeal in Civil Articles, Dar Al-Fikr Wal-Qanoon, Egypt, 2008.
- ………….., Appeal by cassation in the interest of law, 1st edition, Dar al-Fikr wa al-Qanun, Egypt, 2018.
- Abbas Al-Aboudi, Explanation of the provisions of the Civil Procedure Law, Dar Al-Kutub for Printing and Publishing, University of Mosul, 2000.
- ……………., Explanation of the provisions of the Code of Civil Procedure, Dar Al- Thaqafa, Amman, 2009.
- ……………, Explanation of the provisions of the Civil Procedure Code, 1st edition, Dar Al-Sanhouri, Lebanon, 2016.
- Abd al-Razzaq Abd al-Wahhab, Challenging Judgments by Discrimination, Dar al-Hikma, Baghdad, 1991.
- Laftah Hamel Al-Ajili, Studies in Civil Procedure Law, Dar Al-Sanhouri, Lebanon, 2017.
- Muhammad Abdullah Hammoud, Explanation of the Bahraini Procedure Law, 1st Edition, Fakhrawi Foundation for Studies and Publishing, Bahrain, 2008.
- Muhammad Kamal Abdel Aziz, Codification of Pleadings in the Light of Judiciary and Jurisprudence, Part 1, University Press, Alexandria, 1995.
- Mahmoud Al-Sayed Omar Al-Tahiwi, General Rules for Appeal in Judicial Judgments, Dar Al- Jameea Al- Jadida, Egypt, 2010.
- Medhat Al-Mahmoud, Explanation of the Civil Procedure Law and its Practical Applications, Part 3, Al-Khairat Press, Baghdad, 2000.
- Civil Procedure Code, Al-Halabi Human Rights Publications, Beirut, 2009.
Second: Master's theses and doctoral dissertations:
- Al-Moataz Abdul-Karim Mahmoud, The extent to which the Court of Cassation adheres to its jurisdiction specified in the Code of Civil Procedure, PhD thesis, College of Law, Amman University, 2012.
- Taima Mahmoud Fawzi, The Role of the Public Prosecutor in the Civil Case, PhD thesis, Faculty of Law, University of Mosul, 2002.
- Sajjad Habib Dakhil, Appeal by Discrimination in Light of the Rule that the Appellant is Not Harmed by His Appeal, Higher Diploma, Judicial Institute, 2017.
- Ali Obaid Awaid, Procedural Solutions in the Civil Case, PhD thesis, College of Law, University of Mosul, 2012.
- Laith Abd Al-Wahhab Abd Al-Muttalib, Appeal to the Department of Law, Master Thesis, Faculty of Law, Al-Nahrain University, 2006.
- Muhammad Ghanem Younis, Appeal by Discrimination in Civil Judgments, Master Thesis, College of Law, University of Baghdad, 2004.
- Hadi Hussein Abd Ali, The Incident Case, A Comparative Original Study, PhD thesis, College of Law, University of Baghdad, 2006.
Third: Legal research:
- Khaled Radwan Ahmed, Raed Sobhi, Evaluation of the Court of Cassation’s authority to adjudicate a case subject according to the Jordanian Civil Procedure Code, research published in the Jordanian Journal, College of Law and Political Science, Volume 7, Number 4, 2015.
- Mahmoud Abd Ali Al-Zaidi, Appeal in the interest of the law before the administrative judiciary in the light of Public Prosecution Law No. (49) of 2017, research published in the Journal of the Faculty of Law, Al-Nahrain University, Volume 22, Number 3, 2020.
- ………….. , The legal effects of partial reversal of the judicial decision, a research published in the Journal of the Islamic University College - Najaf Al-Ashraf, Issue (40), Volume (1), 2018.
Fourth: Research published on the Internet:
- Mansour Hatem Mohsen, Dr. Hadi Hussein Al-Kaabi, The procedural impact of reality and law in determining the description of the Court of Cassation, research published on the University of Babylon website:
www.uobabylon.edu.iq
Fifth: Laws:
A. Iraqi
- The Iraqi Civil Law No. (40) of 1950, as amended.
- The Iraqi Civil Procedure Law No. (83) of 1969, as amended.
- The Iraqi Code of Criminal Procedure No. (23) of 1971, as amended.
- Iraqi Implementation Law No. (4) of 1980, as amended.
- Law on Legal Fees No. (114) of 1981, as amended.
- Law of the Iraqi Public Prosecution in force No. (49) of 2017.
B. Egyptian:
- Egyptian Civil Law No. (141) of 1948.
- Egyptian Civil and Commercial Procedure Law No. (13) of 1968.
C. Emirati:
- UAE Civil Transactions Law No. (5) of 1985.
- UAE Civil Procedures Law No. (11) of 1992.
- UAE Personal Status Law No. (28) of 2005.
