Judicial principles and studies
Impossibility under Article 247 of the Civil Code
Decision reference: تمييز حقوق هيئة عامة رقم (٢٠٤٠-٢٠٢٥)
This study summarizes a judicial position that closures ordered for defense reasons fall within impossibility under Article 247, and that an appellate court’s ability to insist on its decision is limited when the cassation concerns evidence assessment rather than legal questions.
Courts and procedure
Judicial principles and studies
Updated: 10 September 2026
Editorial summary of a judicial principle or decision; consult the source below and do not treat the firm as the author of the decision.
Smart reading summary
Understand and share the study quickly
This study summarizes a judicial position that closures ordered for defense reasons fall within impossibility under Article 247, and that an appellate court’s ability to insist on its decision is limited when the cassation concerns evidence assessment rather than legal questions.
Key points
- Subject
- Summary
- Practical significance
Useful for: Useful for initial reading and identifying questions that may need legal review.
This automatic summary is based on the published text. It is not legal advice and does not replace checking official sources and reviewing the facts with a qualified lawyer.
AI generation is optional and subject to Gemini usage limits. Do not send client data or attachments from this card.
Subject
The study addresses the application of Article 247 of the Civil Code to full or partial lockdowns imposed by defense orders, and examines the limits of Article 202 of the Civil Procedure Code regarding an appellate court’s stance when faced with a cassation concerning factual assessment and evidence weighting.
Summary
The analysis finds that lockdown periods ordered for defense reasons qualify as impossibility under Article 247. It also explains that Article 202 permits an appellate court to follow a cassation ruling of the ordinary panel when the cassation raises legal issues; however, where the cassation concerns the weight and appraisal of evidence and the appellate court’s exercise of powers to question the plaintiff, the appellate court may not insist on its decision that was overturned, and such insistence is misplaced. This content is an educational summary only and is not a judicial text or legal advice.
Practical significance
This is a general educational summary based on the points published in the official source. It does not replace the original material or a review by Ashraf Al-Khawaja before relying on it for any action.
Frequently asked questions
Subject?
The study addresses the application of Article 247 of the Civil Code to full or partial lockdowns imposed by defense orders, and examines the limits of Article 202 of the Civil Procedure Code regarding an appellate court’s stance when faced with a cassation concerning factual assessment and evidence weighting.
Summary?
The analysis finds that lockdown periods ordered for defense reasons qualify as impossibility under Article 247. It also explains that Article 202 permits an appellate court to follow a cassation ruling of the ordinary panel when the cassation raises legal issues; however, where the cassation concerns the weight and appraisal of evidence and the appellate court’s exercise of powers to question the plaintiff, the appellate court may not insist on its decision that was overturned, and such insistence is misplaced. This content is an educational summary only and is not a judicial text or legal advice.
Practical significance?
This is a general educational summary based on the points published in the official source. It does not replace the original material or a review by Ashraf Al-Khawaja before relying on it for any action.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.
Study collection
Courts, judicial principles, and enforcement
Browse the other studies in this subject through its dedicated topical section.
Open study collectionA related service path
Commercial and civil litigation
If this study is close to your matter, review the service scope and contact the firm to discuss the facts and documents.
Review the related serviceRelated Jordanian-law guides
Contextual links to related public guide routes; they remain limited to Jordanian law and do not replace matter review.