Part Third: Cassation

Article 703

1. An appeal by way of cassation is an appeal raised to the Supreme Court for the purpose of cassating the decision due to its contravention of the legal rules.

Article 704

The bailiff shall keep a record of the measures taken in execution of a judgment.

Article 705

1. It is not permissible to appeal by way of cassation against default judgments except after the expiration of the time limit for objecting to them.

Article 706

1. Amended Article 706 - An appeal by way of cassation is permissible even if the contested decision was issued in favor of or against a person who was not a party to the trial. In amicable matters, an appeal by way of cassation is permissible even in the absence of a dispute.

Article 707

The judgment debtor shall bear the costs of execution unless otherwise determined by the court.

Article 708

Article 708 (amended) - Appeal by way of cassation shall be permitted for the following reasons: (1) Contravention of the law or error in its application or interpretation. The appellant must specify the legal text, principle, or rule contravened, as well as the aspects of the contravention or error in its application or interpretation. (2) Contravention of the rules of functional or substantive jurisdiction. (3) Inconsistency in the dispositive part of a single decision, rendering its implementation impossible. (4) Omission to rule on one of the claims. (5) Ruling on a matter not requested by the parties or exceeding their requests. (6) Loss of the legal basis for the appealed decision, such that its factual grounds are insufficient or unclear to support the legal solution prescribed therein. (7) Distortion of the content of documents by stating facts contrary to their contents or contradicting the clear and explicit meaning of their texts. (8) Inconsistency between two final judgments rendered in the same case by different courts or by the same court.

Article 709

The bailiff may require assistance in the execution of a judgment when necessary.

Article 710

1. **Amended Article 710**: The time limit for appeal by way of cassation is two months, unless a special provision to the contrary is stipulated. When a special provision does not specify the time at which the time limit for appeal by way of cassation commences, this time limit commences from the date of notification of the decision. In the event of multiple appeal decisions issued in one case, it is possible to distinguish what can be distinguished from them separately or with the final decision within the legally prescribed time limit.

Article 711

1. An appeal by way of cassation may be lodged before the appellate judgment is notified, provided that the fee is paid.

Article 712

Execution shall cease when the judgment has been fully satisfied.

Article 713

1. Amended Article 713 - The original appellant, in the event that their opponent appeals a decision not addressed by the original appeal, may in turn appeal by way of an additional cassation request, regarding this decision and any other decision not addressed by their previous request. Additionally, after having addressed in their original appeal some aspects of the decision and their opponent's interlocutory appeal having addressed the other aspects thereof, they may submit an additional appeal regarding all aspects of the decision not addressed by their original appeal. 2. The additional appeal in the two aforementioned cases shall be submitted within a fifteen-day deadline from the date on which the interlocutory appeal is notified to the appellant.

Article 714

Any party may request information regarding the status of execution from the bailiff.

Article 715

1. Amended Article 715 - It is permissible for one who was not addressed by the appeal and was a litigant in the appeal trial to file an incidental appeal against the decision that was rendered in their favor, even if the time limit for appealing it has expired, provided that they would be harmed by the original appeal or the incidental appeal filed by another party. The appeal shall remain admissible in this case as long as a decision has not been issued in the case.

Article 716

1. Amended Article 716: The incidental or additional appeal is filed in accordance with the regulations. If it is filed after the appellant has withdrawn or after the deadline for the original appeal has expired, its acceptance is contingent upon the persistence of the appeal from which it arose. If this appeal is not accepted in form or if the appellant withdraws from it, the incidental or additional appeal shall lapse, subject to the provisions of Article 736.

Article 717

The bailiff shall provide a report on the execution to the court when requested.

Article 718

1. The appeal for cassation must be signed by a lawyer in the appeal, and in addition to the information related to the names of the parties, their capacities, and the residence of each of them, it must include a statement of the judgment being appealed, mentioning the court that issued it and its date, a statement of the grounds for cassation, and the requests. 2. A true copy of the judgment being appealed must be attached to it, and the supporting documents for the appeal must also be attached, unless they are deposited in the file of the case in which the judgment to be overturned was issued.

Article 719

Execution shall be conducted in the manner least burdensome to the judgment debtor.

Article 720

The original appellant shall deposit in the Ministry of Justice's fund the insurance amount determined by the Judicial Fees Law, and shall submit with the appeal petition the receipt voucher proving this deposit. In the event of multiple appellants with a common interest in the same appeal, one insurance deposit shall suffice. Those exempted by a legal text from depositing the insurance shall be exempt.

Article 721

1. An appeal for cassation shall not be admissible unless it meets its legal requirements. 2. The appellant may, however, correct his appeal and complete the deficiencies, provided that the time limit for requesting cassation has not expired; otherwise, his right to correction or completion of the deficiencies shall lapse.

Article 722

The court may intervene in the execution process when irregularities are observed.

Article 723

1. Amended Article 723: An appeal by way of cassation does not stay the execution of the decision being appealed before the cassation of this decision, unless the Court of Cassation decides to stay the execution against a guarantee whose type and amount are determined. However, the Court of Cassation may not decide to stay the execution of decisions related to alimony, custody, and decisions subject to expedited execution, except in the presence of a serious reason that justifies it. 2. Except in the cases specified in the previous paragraph, the Execution Chamber must, when it is established that the person against whom execution is sought has, in the appeal submitted by him, requested a stay of execution, refrain from pursuing the execution until the Court of Cassation issues its decision on this request within the deadline specified in the following paragraph. 3. The Court of Cassation, upon receiving the request, must immediately notify it to the respondent and give the latter a week to respond to it. The Court of Cassation must then rule on the request to stay the execution within a month from the date of the expiration of the deadline; otherwise, the execution will proceed. 4. The Court of Cassation may allow the execution to proceed at the request of the judgment creditor, provided that the amount of the judgment is deposited in an acceptable bank or that a guarantee is provided to secure the results of that execution in the event of the cassation of the decision whose execution is sought.

Article 724

The appellant shall, within thirty days from the date of depositing his appeal, submit a statement setting forth the grounds of the appeal.

Article 725

Execution may be extended to new property when initially seized property proves insufficient.

Article 726

1. Amended Article 726: The party against whom the appeal is made, even after the lapse of the appeal period, may introduce into the appeal any party to the case in which the contested decision was issued who was not a party to the appeal, if it is established that the introduction of such party is in their interest.

Article 727

1. Amended Article 727 - Each party to the case in which the contested decision was issued, who was not a party to the appeal, may intervene in the appeal case to request the dismissal of the appeal. The intervention shall be made by depositing a statement of defense, accompanied by supporting documents, with the clerk of the Court of Cassation before a decision is made on the appeal.

Article 728

The Court of Cassation shall not accept new grounds unless they are purely legal grounds or arising from the judgment subject to appeal, unless a contrary text is stipulated.

Article 729

The judgment creditor shall be responsible for indicating the property to be seized.

Article 730

1. Amended Article 730 - The appeal file shall be referred to the Public Prosecution, to express its opinion within fifteen days, in the cases stipulated in Article 478.

Article 731

1. Amended Article 731: The Court of Cassation, in the first instance in the deliberation chamber, considers the admissibility of the appeal in form and the availability of grounds for cassation. If it decides to reject the appeal, it rules to confirm the contested decision. The Court of Cassation may reject the appeal by substituting an incorrect reason in the decision with a purely legal reason, or also by disregarding an incorrect legal reason that it considers to be redundant. It may also quash the contested decision by adopting a purely legal reason related to public policy on its own initiative. In the event that the Court adopts a purely legal reason on its own initiative, the provisions of Article 373, paragraph 3, shall be observed.

Article 732

The bailiff shall respect the rights of third parties when executing a judgment.

Article 733

1. Amended Article 733 - The parties, with regard to the points addressed by the cassation, revert to the state they were in prior to the issuance of the overturned decision. The cassation entails, without the need for a new decision, the annulment of all judgments and subsequent procedures that are based on the overturned decision, or are an application or execution thereof, or are inextricably linked to it. 2. The petitioner of the cassation has the right, immediately upon the issuance of the cassation decision, to request the restitution of the funds paid in execution of the overturned decision, without attributing any fault to the respondent resulting from the execution. 3. If the cassation is limited to a part of the decision, the decision remains in effect in its other parts, unless they are dependent on the overturned part.

Article 734

Execution shall be conducted with due regard for the dignity and rights of the judgment debtor.

Article 735

If the case requires an investigation, the Court of Cassation shall determine the matters to be investigated and assign one of its counselors to conduct it.

Article 736

1. The waiver of an appeal before the Court of Cassation is not complete unless the respondent agrees, provided that the waiver includes reservations or the respondent has previously filed an incidental appeal. 2. The respondent's objection is not considered if it is not based on a legitimate reason. 3. The waiver necessarily implies the appellant's acquiescence to the decision. 4. However, it is considered as if it never existed if another party subsequently files an appeal in accordance with the applicable principles. 5. The person who waives the appeal bears the costs of the appeal that was waived, unless otherwise agreed.

Article 737

The bailiff may request additional instructions from the court regarding execution procedures.

Article 738

1. Amended Article 738 - The rules, effects, and procedures applicable before the Court of Cassation shall apply to the cassation requests considered by the General Assembly, unless a contrary provision is stipulated. All decisions issued by the General Assembly, regardless of their subject matter, including any means of appeal, including the State's recourse regarding the liability arising from the actions of judges, shall not be accepted. 2. The trial principles before the Court of Cassation shall be followed, with the exception of the appeal deadline, in the cases specified in Paragraph 3 of Article 95. 3. The trial principles before the Court of Cassation shall also be followed in the cases listed in Paragraph 4 of Article 95, including the appeal deadline, which starts from the date of notification of the decision being challenged. 4. The appeal shall not suspend the execution of the challenged decision, unless the General Assembly decides to suspend the execution against a guarantee, the type and amount of which are determined. 5. However, the General Assembly may not suspend the execution of decisions related to alimony, custody, and urgent execution decisions, except in the presence of a serious reason that justifies it. 6. The Public Prosecution shall be represented in the public trial by the Public Prosecutor or their deputy from among the public prosecutors and shall express its opinion on the cases presented.

Article 739

Execution of a judgment may be renewed if the previous execution was incomplete or irregular.

Article 740

1. Amended Article 740: The word "al-Naqd" (cancellation) shall be replaced with the word "al-Tamyiz" (annulment) in any text where it appears with this meaning.