The privacy of the contesting through the appeal | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 3, Volume 12, Issue: 1 part 1, March 2022, Pages 71-103 PDF (1003.77 K) | ||
| DOI: 10.37651/aujlps.2023.177040 | ||
| Author | ||
| Sora Mohammed Hoobi | ||
| Abstract | ||
| Our research, which is tagged with the privacy of the contesting through the appeal, came to head its concept and present its characteristics. It is one of the ordinary methods of contesting in civil judicial rulings. It is linked to the idea of judicial hierarchy, as it allows the Court of Appeal to monitor the work of judges of the courts of first instance, and the conduct of this way of appealing judicial rulings requires the availability of The general conditions for accepting the case are not about the availability of certain conditions, as the appellant must be a losing litigant in the initial case, and that the judgment be subject to appeal by methods of contesting, and that the contesting is submitted within its legal period, unless the convict has forfeited his right to appeal. Reviewing the contesting by way of appeal requires taking certain legal measures, as the contesting must be submitted with a petition accompanied by the payment of legal fees, which will result in the suspension of implementation of the contested judgment unless it is covered by the expedited enforcement, and the case is transferred to the Court of Appeal to address the subject of the dispute if it decides to rescind the appealed judgment, as was done. Explanation of the privacy enjoyed by the contesting by way of appeal by distinguishing it from the other appeal to determine its legal framework and delineate the boundaries that separate it from other ways of appeal so that its features become clear and its truth becomes apparent. | ||
| Keywords | ||
| methods of contesting; Judicial decisions; Appeal | ||
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