اجراءات التقاضي بالدعوى المدنية بعد النقض - دراسة مقارنة -

علي عنون, ريان; جابر حميدي, ا.م مالك

doi:10.63677/jqlap.2020.180349

	اجراءات التقاضي بالدعوى المدنية بعد النقض - دراسة مقارنة -
AL-Qadisiya Journal For Law and Political Sciences
Volume 11, Issue 1, April 2020, Pages 151-179 PDF (611.43 K)
DOI: 10.63677/jqlap.2020.180349
Authors
ريان علي عنون; ا.م مالك جابر حميدي
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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