موانع قبول الطعن التمييزي دراسة مقارنة

Abstract

The cassation appeal is considered an extraordinary form of appeal that requires specific legal grounds for its acceptance and non-rejection. These grounds should be based on a legal reason stipulated by the law, in addition to the general conditions for accepting it and the absence of any impediments. It is one of the procedural rights granted to litigants that cannot be arbitrarily denied. However, unrestricted use of the right to appeal without controls or criteria would have a consequential impact on the administration of justice. To avoid such consequences, the legislator has authorized the imposition of impediments to the cassation appeal. These impediments can be voluntary, originating from the litigant's legal consent, or judicial, where the litigant's consent has no role in determining their effect. The existence of these impediments results in the non-acceptance and rejection of the cassation appeal in terms of form, as well as the establishment of the validity of the judgment, the determination of rights, the absence of a place for appeal, the execution of the judgment, and the establishment of the judgment's costs