Judicial principles and studies
Inadmissibility of Insisting on Factual Matters
The rule states that when cassation targets factual issues or formal defects in the decision and the elements of a proper judgment, an appellate court may not insist on a ruling contrary to the cassation finding.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The principle applies where a cassation ground is directed to factual matters rather than to points of law, or to formal deficiencies in the challenged decision concerning the elements and prerequisites of a correct judgment and the drafting and sequencing of replies to appeal grounds, in order to satisfy the form requirements of Articles 160 and 188(4) of the Civil Procedure Law (9425/2024, 7626/2024, 2106/2026 H.A.).
Summary
If cassation targets facts or formal shortcomings in how a judgment is drafted or how responses to appeal grounds are ordered, an appellate court may not insist on a judgment that has been overturned by cassation and must follow the effect of the cassation ruling. This content is a general educational summary and not a judicial text or legal advice.
Practical significance
Practically, the rule prevents appellate courts from maintaining decisions set aside for factual or formal defects related to the composition of the judgment or the ordering of replies, thereby promoting compliance with the procedural form requirements provided in the cited articles.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.