Judicial principles and studies
Insistence on the Prior Decision and Amending or Adding Reasons
The study outlines the procedures in Article 202 of the Civil Procedure Code governing how the appellate court must act after a cassation decision, and the limits when accepting the cassation or insisting on the prior ruling.
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.
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The study outlines the procedures in Article 202 of the Civil Procedure Code governing how the appellate court must act after a cassation decision, and the limits when accepting the cassation or insisting on the prior ruling.
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- Subject
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- Practical significance
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Subject
Article 202 of the Civil Procedure Code prescribes the steps the appellate court must follow after a cassation decision: summon the parties on the appointed day, read the cassation decision and hear the parties’ remarks on it, then decide either to follow the cassation and proceed accordingly or to insist on its prior judgment.
Summary
If the appellate court decides to follow the cassation decision, it must comply fully and may not depart from the terms of that decision. If the court insists on its earlier judgment, it must issue a judgment of insistence containing the elements required by Article 160 and state its reply to the appeal reasons under Article 188(4), without altering or adding new reasons, grounds, or arguments that were not in its original judgment, and without discussing or re‑examining points that were the subject of the cassation decision, as doing so would violate the mandatory rule in Article 202. This is an educational summary and does not constitute judicial text or legal advice.
Practical significance
الإلتزام بصيغة حكم الإصرار ومضمونه يحافظ على سلامة إجراءات التقاضي ويجنب مخالفة أحكام المادة 202، كما يحدد نطاق الردود الممكنة للطرف المستأنف. Practical significance: complying with the required form and content of a judgment of insistence preserves procedural regularity, prevents contravention of Article 202, and delineates the permissible scope of the appellee’s responses.
Frequently asked questions
Subject?
Article 202 of the Civil Procedure Code prescribes the steps the appellate court must follow after a cassation decision: summon the parties on the appointed day, read the cassation decision and hear the parties’ remarks on it, then decide either to follow the cassation and proceed accordingly or to insist on its prior judgment.
Summary?
If the appellate court decides to follow the cassation decision, it must comply fully and may not depart from the terms of that decision. If the court insists on its earlier judgment, it must issue a judgment of insistence containing the elements required by Article 160 and state its reply to the appeal reasons under Article 188(4), without altering or adding new reasons, grounds, or arguments that were not in its original judgment, and without discussing or re‑examining points that were the subject of the cassation decision, as doing so would violate the mandatory rule in Article 202. This is an educational summary and does not constitute judicial text or legal advice.
Practical significance?
الإلتزام بصيغة حكم الإصرار ومضمونه يحافظ على سلامة إجراءات التقاضي ويجنب مخالفة أحكام المادة 202، كما يحدد نطاق الردود الممكنة للطرف المستأنف. Practical significance: complying with the required form and content of a judgment of insistence preserves procedural regularity, prevents contravention of Article 202, and delineates the permissible scope of the appellee’s responses.
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