The Appeal Possibility In the Issued Verdicts Concerned with the Suspension of the Lase

Ibrahim Mhaisen

Abstract


The article no. (170) of the civil procedures law of Jordan, (as well as article number 212 of Egyptian procedures law) indicates that all the auxiliary decisions issued by the first degree court are not available to be directly appealed, but after the judgment issuance of the main objective dispute, with some exceptions such as the maters deal with the instance suspension demands. The comparative law as far as the judicial applications exclude from the general principle of direct appeal, only the approval suspension demands, but the cassation court of Jordan by its verdict number no.3459 / 2008 dated on 13/7/2009, has gone to say that all the issued verdicts concerned with suspension of the case can be directly appealed, even they were with or against the opponent demands. The verdict of this court is completely different from the approach of the comparative law as far as the applications of judgment, who except from the general principle only the decisions of approval demands. This note is to evaluate the verdict of cassation court according to the comparative legislation and the wisdom of the direct appeal theory and some other logical facts

Keywords


The direct appeal of instance suspension verdict.

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