فعالية سلطة محكمة التمييز على عنصر الواقع : دراسة مقارنة

الملخص EN

The primary function of the Court of Cassation focused in monitoring the safety of the application of the legal base in judicial decisions midwife to appeal, both on the substantive rules or procedural rules.

This is to ensure the validity of law enforcement on the ground before the topic court which issued the impugned judgment.

They are monitoring the law through legal control to adapt to the facts conducted by the trial judge in the case, so as to satisfy itself that the judge had given the correct legal description which is consistent with the facts before it, and monitors the application of the law to those facts.

Therefore, the Court of Cassation looking at judicial rulings contested and consider whether the trial judge had failed to understand the legal basis or in their application to actually extract the lawsuit or hit a proper understanding as you see the Court of Cassation.

Also, the Court of Cassation, watching the trial courts in terms of observance of the formal rules that law makes it compulsory law followed in governance and procedures, and in the light of this control to accept the appeal or reject, and when the acceptance of the appeal and reverse the judgment, they refer the case to the court which issued the impugned judgment to control it again without the address rule, to rule on the lawsuit, but in a narrow range.

This is because the Court of Cassation is not one of the stages of litigation and that the original does not have to be separated in the litigation and disputes, they judiciary terms of working to unify the provisions of the law and the interpretation of texts.