الاستئناف الوصفي في القانون الإماراتي : دراسة مقارنة

الملخص EN

This study tackles appeal against pro – forma error in the ruling statement, a procedure made by appellate both by the normal way of filing an appeal or by request while appeal is being looked at.

This procedure is intended to correct a fault in the ruling.

Study draws a distinction between substantive appeal and in pro – forma one.

It also draws an analogy between pro-forma appeal and rectification of ruling in terms of time and enforcement of final rulings before courts of cassation and appeal.

Study moreover sets forth conditions of pro-forma appeal, its procedures as well as relevant competent court.

It reached a host of recommendations, including the following: article No 233 of UAE Civil Procedures Law and article No 291 of Egypt Commercial and Civil Law should include a clause providing for appeal against proforma error in rulings in cases where court has a discretionary power.

Among the recommendations is also the inclusion of an article specifying time of pro-forma appeal in the said two laws.