Range of new applications accepted in the case of Appeal | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 8, Issue 1, March 2016, Pages 180-248 | ||
| Authors | ||
| P. Dr. Mansor Hatem Mohsen; Ahmed khiery gawi | ||
| Abstract | ||
| Abstract The appeal appellate natural extension of the suit , which ruled that the Court of First Instance ( Court of First Instance in the judgment of the degree of the first in the Iraqi law , the District Court and the Court of First Instance and the Court of the family in their judgments within a quorum primary in the Egyptian law , the Court of First Instance in all sentences issued by the except those exempted by a special provision in French law ) , and aims to appeal to reconsider the case again and re-sentencing , and building on , the requests may be presented to the Court of Appeal should be the same that were presented before the court of first instance , and on this basis decided to base the inadmissibility bring new applications to appeal , and what the function of an appellate court is not limited to monitoring the rule of court of first instance , but is the second degree of litigation consider the case of a new building on what is available have elements of legal or factual , it is possible application of the rule developed in absolute terms , because the precise application has lead to disadvantages outweigh what achieve the benefits of , what the consequences of this application requiring litigants frequency between the Court of First Instance and the Court of Appeal and in endless Consequently forced legislator in comparative laws to report passport progress for the first time on appeal new claims were not before the court of first instance , and these requests may be in the form of requests for new subject matter allowed to opponents who were parties in the case before the Court of First Instance submission to the Court of Appeal an exception to the rule developed , or are in the form of new applications Bochkasa is to allow the intervention or the introduction of third parties in the suit of Appeal and has accompanied by requests new substantive progress by the intervener or in the face , and the exceptions referred to in the first picture varies scope of the law to another law comparison , since the transfer of both the Code of Civil Procedure Iraqi Law civil and Commercial Procedures Egyptian some exceptions , which was determined by the law of pleadings old French , the recent law , the legislation in force in it after that expanded the scope of these exceptions through the formulation of new in them to accommodate new situations , has added to a range of other new exceptions , and this the foundation has become such exceptions are classified by the scholars of the Code of Procedure French into two parts , namely traditional exceptions , and exceptions modern , based on the historical development which passed by codifying these exceptions legislatively , as described the first as traditional as they refer to the Code of Procedure French canceled , issued in 1806 , and the second , they described Haditha as they acknowledged in the Code of Procedure of the French in 1975 . | ||
| Keywords | ||
| Range; new applications; accepted; Appeal | ||
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