The procedural system for collateral appeal in Jordanian civil procedure law
Journal: Albalqa Journal for Research and Studies (Vol.20, No. 1)Publication Date: 2017-06-01
Authors : Najem Riad Al-Rabdi Dr.Morad Mahmoud Al-shnikat;
Page : 9-24
Keywords : Appeal; Collateral Appeal; Cross Appeal.;
Abstract
An appeal is a way to challenge the judicial decisions submitted by the party that is not satisfied with the decision of the court. An appeal is submitted to a higher court in order to reform the potential fault in the judicial decision which, as a result, can either be modified or cancelled. One of the parties might be satisfied with the judicial decision, or does not appeal to the court within the time limit for the appeal based on the fact that the other party does not appeal to the court. However, in case the other party submits an appeal to the court, the Law of Civil Procedures allows the first party to submit a collateral appeal even if the time limit of the ordinary appeal has expired; in this case, the appeal is either collateral or cross appeal. This study will define the collateral appeal and will deal with the conditions of submitting it, the importance of paying the legal fees, the conditions that prevent the submission of the collateral appeal, and the contents of the collateral appeal list. The study will also show the relationship between the original appeal and the collateral appeal, compare the original appeal with the cross appeal, explore its problems that relate to how collateral appeals can be prevented, the contents of the list of cross appeals, and the possibility of submitting a collateral for the resumption conciliation provisions or making consequential exception.
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