الصفة التمييزية لمحاكم الاستئناف في العراق

Abstract EN

The system of appealing all judicial rulings is not based primarily on knowing the path to be taken by the one who lost the case, but rather with the knowledge of the court before which the appeal must be submitted.

Overlap in the jurisdictions of the courts, and this hypothesis is perhaps the most common and widespread, and this is evident by following the judicial rulings issued by the higher courts in Iraq.

One of these courts is the Court of Appeal in its discriminatory capacity.

It raises problems starting with its naming, passing through its procedural work and challenging its rulings.

When we compare the appearance of the Court of Appeal in its discriminatory capacity with the formations of courts in the Iraqi judicial system, we find it a court of exceptional and accidental formation and formation, especially after Iraq was under the tyranny of the Ottoman occupation and the Court of Cassation was in Istanbul, which made the Iraqi legislator at the time to give discriminatory powers to the courts Appeals in Iraq, but at a later time the presence of the latter raises many problems in conjunction with the formation of the Court of Cassation in Iraq for several reasons, including : the lack of knowledge of the precise jurisdictions of this court, and the overlap of its procedural work with the work of the Federal Court of Cassation.

In addition to that, there are powers assigned by the legislator in the pleadings law to the latter, we see it as going to the Court of Appeal in its discriminatory capacity, as a matter of first instance, as in the case of considering the subject matter of the case contained in Article (214) of the pleadings law and others.