In principle, the Court of Cassation refers the appealed judgment in which to transmit the merits of the case to the trial court (First Instance Court) to rule again, because its main role is to assess the legal provisions and not the subject of the disputes presented before it. However, this has been partially changed to the extent that it may be said that the Court of Cassation considered - in some cases and in some legislation – as second or third level of litigation; where - in this case - and then set aside the appealed judgment dismissal on the merits, without referring the case to the trial court.
Since we have dealt, in the first part of this research, setting aside the appealed judgment as the fundamental assumption regarding the Court of Cassation as a level of litigation, further to its role as third level of litigation, we are addressing in the third part of the research its role as second level of litigation. Then, in the fourth part of the research, the study addresses the Court powers as a level of litigation and the position of the opponents before it
Quandil, Prof. Mostafa El-Metwally
"Towards a New Role of the Supreme Court as a Degree of Litigation "The Supreme Court as Second or Third Degree of Litigation" "A Comparative Study"- Part (II),"
Journal Sharia and Law: Vol. 2015
, Article 3.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2015/iss62/3