الطبيعة القانونية لمحكمة التمييز الاتحادية

الملخص EN

Undoubtedly, the court of cassation is the highest authority in the hierarchy of the judicial organization, and cases that have been decided upon by the lower courts are submitted to it in order to examine and scrutinize them, and to indicate whether the trial courts have applied the right law or not, by appealing against them before this court., and this is the origin by which the courts of appeal are known in most legislation.

however, what was entrusted to this court of the task that was manifested in deciding the case when the judgment issued in it was set aside if it was valid for adjudication is what prompted jurisprudence to describe the court of cassation as a third degree of litigation.

it was said regarding the justification of this task that it aims to save time and expenses, as the court of cassation resolves the dispute without returning the case to the trial court.

this task is not absolute, meaning it can be exercised by the court of appeal every time it overturns the contested judgment.

rather, the factual aspects of the dispute must be complete and do not need investigation in this aspect.

the work of the court is limited to applying the rule of law to the facts, given that the collection of facts is one of the releases of the trial judge only.

but the legislator has granted the court of appeal the right to summon the litigants, seek clarification from them and present their lists, and this is what has been problematic for the court of cassation because in this way it becomes one of the degrees of litigation, in this research, it will become clear to us whether the court of cassation has remained as it was known or whether it has actually be com degree of litigation.