Judicial principles and studies
Permission for Cassation and Direct Effect of the New Law by Judgment Date
This summary explains how the new law affects cassation appeals and the permission requirement under Article 191 of the Civil Procedure Law. The amending Law No.6/2024 applies to judgments issued after its entry into force, and permission is required for cassation in civil claims not exceeding 20,000 dinars.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
- Article 2 of the Civil Procedure Law establishes that a new law has direct effect on pending cases and unfinished procedures unless otherwise stated, while excluding provisions that regulate appellate routes from that general rule. Consequently, a new procedural appeal created by legislation does not apply to judgments issued before its entry into force, but applies to judgments issued after that date. - Article 191 of the Civil Procedure Law provides that cassation against appellate-court judgments in civil claims whose claimed amount does not exceed 20,000 dinars is subject to permission from the President of the Court of Cassation or his delegate.
Summary
- With the amendment of Article 191 by Amending Law No.6 of 2024, effective from its publication on 6/4/2024, the amended provision governs cassation appeals relating to judgments issued after that effective date. - The impugned judgment dated 7/8/2024 concerns a civil claim valued at 12,560 dinars, which falls within the threshold not exceeding 20,000 dinars; therefore, cassation is admissible only with permission under Article 191.
Practical significance
- Practitioners should check the judgment date and claim value to determine whether permission is required before lodging a cassation appeal in similar cases. Note: This is a general educational summary, not a judicial text or legal advice.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.