تقييم سلطة محكمة التميز في الفصل في الدعوى موضوعا وفقا لقانون أصول المحاكمات المدنية الأردني : دراسة تحليلية تطبيقية مقارنة

الملخص EN

While the Court of Cassation is common as being a court of law and not a third degree court, yet the legislator vested the power upon it to entertain the case in subject on some occasions.

However, and through this study, we dealt with the factual and legal issues as well as the jurisdiction of the cassation Court as a court of law.

In fact, this study points out the meaning of argumentation before the Court of Appeal and the Court of Cassation and whether the same is going beyond the function of the Court of Cassation as a court of law not a factual one.

In fact, the current study concluded that the legal regulation set by the Civil Procedures Law has been insufficient regarding the factual and the legal issues for which we recommended the Jordanian Legislator to necessarily lay down a legal regulation specially set for the same in order to arrive at the well establishing of the role of the Cassation Court and its function set for thejurisdiction as to entertain the legal issues to the exclusion of the factual issues.