Judgments that may be appealed and their Effect on the Elements of the Judgment

Comparative analytical study

Abstract

The person, whoever, is entitled for his dispute or action to be viewed or heard twice, once before a first instance court and once before a higher second instance court, ehich is the court of appeal. This is abasic principle within the judicial system _ when the lawsuit is filed to the prelimirary court and adjudicate its subject matter, setting the persons claime, whether by approving his claim or by reversing it.

Then the dispute is once brought again before a court higher than the first instance court so as “the first” cam adjudicate the dispute for the second time. This court which is “ the court of appeal ” must hear or view the subject matter of the dispute once agaim. So as to make sure whether or not the first instace court had applied the law correctly, and here the court of appeal will approve it, or it made amistake, not correctly issuing the rulling, not giving the right to the person that isworthy to it. These later vests the court of appeal to reverse the rulling and issue the an alternative rulling.

This is the double instance litigation, and it is considered as on of the necessary guarentes for the good judicial process and for achieving the equality.

Within this research paper we dealt with wrlings that are appealleable in the eraqi pleading law and the other comparative laws (The Egyption law of Civil and commercial pleadings, The of civil procedures of the United Arab Emirates and the Civil procedures Law of France). Then we talk about the effect of the appeal on the elements of the rulling and on the litigants and on the new evidences and requests, and on the judicial itself.

This research has been divided into two chapters. At the first one we deal with essence of the ruling that are possible to be appealed, This chapter is subdivided into two quests_ The first quest is devoted to the notian of appeal and the second quest is for the rules that could be appealed. At the second chapter we talk on the effect of appeal on the elements of the ruling. This is distributed on two quest. The first quest is on the effect of appeal on the litigants and their requests, while the second quest is for the effect of appeal on the evidences and the judicial ruling itself.The final part summary is for the findings and the recommendations we got.