التمييز بين الواقع والقانون لتحديد نطاق رقابة المحكمة العليا على السلطة التقديرية للقاضي المدني

الملخص EN

The extent of the judge's discretion in the civil case, and the supreme court's control over it, is determined by distinguishing between two overlapping questions, the question of fact and the question of law, and on the basis of which cassation and support will take place.

whenever the judge deals with a question of fact, he has a wide discretion in his appreciation, and whenever he is in relation to a question of law, the more his discretionary power is limited by the control of the supreme court, in fact; despite the importance of the distinction between the questions of fact and law, no criterion has been reached by which we can accurately distinguish the two questions, many theories have been developed for this purpose, but all failed to establish such a criterion, given the adherence of the supreme court in its decisions to the terms of fact and law to determine the extent of its control over the substantive courts, the theory of the follow-up of the judge's activity in the different stages of the civil proceedings, in spite of the criticisms with regard to this theory, it is considered that it is most appropriate to distinguish the questions of the fact and the law.