I confirmed that it is not permissible to present new requests on the "appeal"

Federal Supreme considers a dispute between heirs over their inheritor's legacy

The Federal Supreme Council overturned a ruling that ruled that heirs were not entitled to the legacy of their inheritor.

Emirates today

The Federal Supreme Court affirmed that it is not permissible to appeal judgments except from the convicted person, and it is not permissible for those who accepted the verdict explicitly or implicitly, or for whom he made all his requests, unless the law provides otherwise, affirming that the court is always restricted by the demands of the litigants.

And it overturned a ruling that ruled that heirs were not entitled to the legacy of their deceased, considering that the ruling ruled not to accept the plaintiffs' requests, due to their lack of capacity, and their being non-heirs, although this matter was not subject to appeal by the defendants, and those who did not appeal in the first place, confirming that new requests are not allowed The appeal.

The Sharia Court of First Instance decided to take executive measures related to the inheritance, including disbursing sums and recovering other sums, and addressing financial bodies to find out the money of the bequest, and some of the heirs objected to the ruling, so they challenged it with an appeal. Cassation judgment.

The Federal Supreme Court upheld their appeal, affirming that it is legally decided that the court is always bound by the litigants' requests, and the request is a procedural action presented by one of the parties vis-à-vis the other opponent, in order to eliminate him with legal protection in the form of a request by the originating court, the deciding judiciary, or the binding judiciary, and not The right to the request shall be only through its procedure, provided that the conditions of the request or the lawsuit must be fulfilled, which are capacity and interest, and the right to file the request or lawsuit, and it differs from the right to the lawsuit, and none of it is only at the request of the same person without interference from the judge pursuant to the principle of neutrality of the judge, Out of respect for the principle of willpower.

The legislator has prohibited the presentation of new requests in the appeal, and this prohibition is based on two considerations, namely: that accepting new applications for appeal is a breach of the principle of two-degree litigation, which is one of the basic principles on which the litigation system is based, and that a degree of litigation is not missed over the opponent, and that the acceptance New requests in the appeal are inconsistent with considering the appeal an insult to the court of first instance, and a grievance from its judiciary, without it being perceived that any error is attributed to it.

She indicated that it is proven that the judiciary of the appeal judgment came without a request from anyone in substantive matters, it had the legal and legal validity, and it was not presented by anyone, and it was not subject to appeal by the defendants in the appeal, who did not appeal at all, and were satisfied with the decision issued by the first instance court by mistake in The application of the provisions of Islamic law and the law, and it is not permissible to contradict what was done in the primary judgment, and it has not been challenged because it has gained the right to not be challenged by the appeal, so that the verdict has violated the law, which necessitates its revocation.

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