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Methods of appealing judgments and their impact on delaying the implementation of a civil judicial ruling | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 31, Volume 16, Issue: 2 part 1, September 2025, Pages 689-712 PDF (912.25 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.159427.1322 | ||
| Author | ||
| Adil Ajeel Ashour* | ||
| Al-Muthanna University / College of Law | ||
| Abstract | ||
| The methods of appealing judicial rulings have the effect of delaying the implementation of the judicial ruling, and they differ according to the method of appeal and whether the ruling is subject to expedited enforcement or not. The judicial ruling, when issued by the courts of first instance, is subject to appeal before the appellate authority and within the specified legal period, or it is subject to expedited enforcement. It is implemented directly, and when it is appealed before the appellate authority, the implementation is suspended if the appeal is through normal methods, whether by appeal by objecting to the ruling in absentia or by appeal. Once the appeal fee is presented, implementation is delayed, and even expedited enforcement can be stopped, but at the request of the concerned party and the approval of the competent court. As for unusual methods of appeal, such as retrial, objection by third parties, and cassation, the court must agree to delay implementation. The Enforcement Directorate implements what is issued by the competent court in this aspect. If the delay relates to methods of appealing judgments, There may be other cases of stopping the execution of the judgment that relate to the person requesting the execution or to the implementation procedures and have nothing to do with methods of appealing judicial rulings. | ||
| Keywords | ||
| Methods of appeal; judicial rulings; delaying implementation; expedited enforcement; Directorate of Enforcement | ||
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