خصوصية الطعن بطريق الاستئناف في الأحكام القضائية المدنية

Description

Abstract (En)

An appeal is one of the regular methods of challenging a judgment, used by a party to contest the decision made against them by the Court of First Instance in situations where the law permits such an appeal. The appellant seeks to present the subject of the primary case, in whole or in part, before the Court of Appeal, which acts as the second-instance court, to correct errors or address deficiencies in the initial judgment. Through this process, the dispute is re-examined by the Court of Appeal, which reviews both the facts and the law, and subsequently issues a final judgment.

Laws have differed in determining which judgments are subject to appeal by way of an appellate procedure. Some have expanded the scope to include many judicial decisions, while others have limited it to a specific type of judgment. In light of this, our study aims to highlight the specificity and usefulness of the appellate appeal under Iraqi law and to attempt to refute the argument advocating for the abolition of this method of appeal, claiming that it leads to increased costs and delays in resolving appealed cases.