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Commission General of the Court of Cassation, the Corona pandemic is force majeure that stops the appeal periods

Commission General of the Court of Cassation, the Corona pandemic is force majeure that stops the appeal periods

2020-09-03 09:59:00

Baghdad / Judiciary Media

 

The Commission General of the Federal Court of Cassation issued, in its session held on August 25, 2020, a new principle in which it dealt with cases of expiration of the legal period and failure of the opponent to exercise his/her right to appeal due to the comprehensive curfew as a result of the outbreak of the Corona virus.

 The decision of the Commission General stated that justice necessitates the need of stopping all legal periods stipulated in Civil Procedure Code and other laws, including the terms of appeal against judgments and decisions considering the spread of the Corona pandemic is a force majeure and the consequence of that is to impose a comprehensive curfew. Whether the curfew is comprehensive for all of Iraq or for a specific region only, it was decided not to count the days of the comprehensive curfew within the legally specified period when appealing the judgments and judicial decisions.


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