| المستخلص: |
After that we finished our research, we find that the appeal accidentally correct decision discriminatory is stabbed discriminatory himself Code of Civil Procedure Iraqi Baaradh in the provisions of Article (219) it was this resource founded on legislation that preceded it and because this appeal aimed to remedy errors rulers on the basis that the judge prone to forgetfulness and oblivion and that the decision result of Humanity and all the product is deficient in a particular aspect and because this appeal is an appeal discriminatory because it is located in front of the Court of Cassation or the Court of Appeal as discriminatory as the court which rendered and this is the text of Code of Civil Procedure in the article above and varied definitions of this appeal only, we found that the best method in the definition of this appeal is hashed as a challenge discriminatory correction to reach the conclusion that the appeal accidentally correct decision discriminatory not only audit the decision discriminatory and then we knew that the legal basis for this appeal is sprawl legal legislation that preceded Procedures Act in force and because the law if they were rag must there will be an audit of the rule, which was tainted rags, as if this appeal did not contained in legislation other comparative such as legislation French and Egyptian but they took him under pressure applications and practical necessities despite the aim of the appeal accidentally correction is one in case of a withdrawal decision discriminatory or cancel in Egyptian legislation or French and this medium aim is to reduce the error contained in the decision discriminatory and that the nature of this medium is because it is not only a legal right to procedural passed the legislature of the convicted and the right like any other right has certain properties, as we we pointed out that this remedy does not appear at all court decisions Cassation (Court of Cassation), both in Iraqi law or Egyptian but select some decisions Valmushara Iraqi authorized correct all decisions discriminatory certified without Rejected unless issued last according to Article (214) pleadings civilian as the Iraqi legislature select exceptions to the correct decision discriminatory or had been received by law Acquisition or law implementation, including what created the Court of Cassation or stipulated by law pleadings, as if this appeal extraordinary has been outspoken in Procedures Act Iraqi and implicit in the law pleadings Masri, who pointed to the passport appeal decisions the Court of Cassation, in some cases, but not under the name correct Sometimes called request to annul the decision or withdraw the legislator French were prevented challenged provisions of the Court of Cassation, but returned and a decline in practical applications, which had to determine procedures for this appeal we note that he gets the same court that issued it, but according to some of the issues formalism that we have quoted or some effects, as the reasons for the appeal correction or clouds or cancel all share violating the law as a ground of this appeal and we have identified the violation and its concept and looked at him some and legislator was to violate the concept of clustered between Iraqi legislation and comparative legislation, we also found that the stabbing accidentally correct decision discriminatory effects of which were direct consequences of the application directly, including what The indirect consequences of the ruling to appeal. So we found this legal regulation flour which reported the Iraqi legislature distinct solo for other legislation was a bold step and the process to rectify the error and directory is making discriminatory corrective overturned and returned to the trial court, where he was a way of remedies explicit in Iraqi law, which came distinct from Egyptian legislation who touched him, but was so shy he will not be under the spotlight may be the legislator Egyptian point of view wanted to characterize only the legislator French prevent correction final despite the jurisprudence French encouraged him, from all that, whether in Iraqi legislation or other, we find This way it lacks some of the molecules that are supposed to be irrelevant.
|
