Judicial principles and studies
Appellate Court Options on Cassation
A brief summary of the two paths available to an appellate court after a cassation decision: full compliance with the cassation or issuing a judgment of persistence subject to the requirements of Article 160 and Article 188(4).
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The study sets out the two legal options available to an appellate court when faced with a cassation decision: either to comply with the cassation ruling or to decline it and issue a judgment of persistence under specified legal requirements.
Summary
- If the appellate court accepts the cassation decision, it must adhere to its terms in full and may not split the case contrary to that decision. - If the appellate court elects not to follow the cassation decision, it must render a judgment of persistence containing all elements required by Article 160 of the Code of Civil Procedure, and must include its rejection of its prior response to the appeal's grounds in accordance with Article 188(4), without modifying or adding new grounds or reasons, and without discussing the cassation reasons or re‑examining the points and issues that were the subject of the cassation decision in order to assert its error.
Practical significance
The rules confine the appellate court’s response to either full compliance with the cassation ruling or issuance of a formally structured persistence judgment subject to substantive limits. This is a general educational summary and not a judicial text or legal advice.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.