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Failure to cause and corruption in the reasoning as one of the grounds for the challenge

Failure to cause and corruption in the reasoning as one of the grounds for the challenge

Failure to cause and corruption in the reasoning as one of the grounds for the challenge

2020-08-21/Legislative Releases

Counselor / Mustafa Haraja explains this argument in his book The Judicial Encyclopedia of Civil and Commercial Procedures, Part 1, p. The extent of the validity of the foundations on which the appealed judgments were based, then the Court of Cassation after that to monitor the integrity of the application of the law according to the true facts. The correct opinion in the lawsuit then includes the reasons that justify the opinion that it has directed towards it, and the legislator has arranged for the deficiency of factual reasons.
In this regard, the Court of Cassation ruled - that the reasoning of the judgment is nothing more than a complete statement of the aspects of the request that the court dealt with in the case and the aspects of its defense, and that what it has decided is based on what has a fixed origin in terms of reality or law, so the judgment is not defective if its reasons are explicit in this. The matter, whether brief or detailed, as long as both of them are sufficient for the purpose and that these reasons indicate that the court has obtained an understanding of the reality in the case from the documents and data presented to it and that the truth that it has extracted and is convinced of has established its evidence required by the law and that will lead to the conclusion that ended To make it up.
Appeal No. 18249 of the Judicial Year 76 - Technical Office - Civil - Year 59 - P.42


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