CROSS APPEAL

Abstract

This study examines the counter-appeal as a legal means that grants the appellee the right to file a counter-challenge against the same judgment appealed by the original appellant. This contributes to maintaining balance between the parties and ensuring procedural justice. This type of appeal serves as an effective tool to prevent harm to one of the parties due to the original appeal, as it allows the appellee to defend their interests more effectively. The study aims to clarify the concept of the counter-appeal and outline the conditions for its acceptance according to the provisions of the Code of Civil Procedure. It also highlights the legal issues raised by Article (323) of the law and examines the legal effects of the counter-appeal. The study adopts an analytical and inductive approach by analyzing relevant legal texts, reviewing judicial precedents, and examining scholarly opinions. Additionally, a comparative methodology is employed to compare the legal regulation of counter-appeals in both Libyan and Egyptian legislation. The study concludes that the counter-appeal represents a fundamental legal safeguard, as it enables the appellee to challenge the appealed judgment, thereby reinforcing the principle of justice. Furthermore, the study reveals a legislative deficiency in Article (323) of the Code of Civil Procedure regarding the mechanism for filing a counter-appeal and its effect on the original appeal. This deficiency necessitates legislative review to ensure procedural clarity and balance between the parties. The researcher recommends amending the relevant legal provisions to guarantee fair litigation, streamline procedural rules, and facilitate judicial appeals.