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What is meant by breaking the law as one of the grounds for appeal

What is meant by breaking the law as one of the grounds for appeal

What is meant by breaking the law as one of the grounds for appeal

2020-08-21/Common Legal Questions

The meaning of violating the law - as one of the grounds for appealing - the judge’s denial of the existence of an existing legal rule, or his assertion of a legal rule that does not exist, whether this rule is a procedural or substantive rule.

A mistake in applying the law - as one of the grounds for appeal - also means the application of a legal rule to a fact that does not apply to it, or the refusal to apply a legal rule to a fact that applies to it, and the error in this regard is related to the court’s adaptation of the facts. The applicable law is wrong twice, once because it applied a non-actionable rule, and the second because it excluded the application of a legal rule that was applicable.

It also means the error in the application of the law - as one of the reasons for the challenge - the judge’s mistake in interpreting the legal text in the sense of understanding it. If the judge interpreted the error of the legal text, he deviated from the correct application and applied a legal rule that was not its correct place.

Law in this regard means the law in its general sense, and it includes every abstract general legal rule, whatever its source, whether it is legislation, custom, principles of Islamic law, principles of natural law and rules of justice.

Finally, he means the error in the application of the law - as one of the grounds for appeals - the judge’s error in interpreting contracts.

The reference: error in applying the law as a reason for challenging the cassation in light of the judiciary of the Court of Cassation
 


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