الطلبــات الـجديدة فـي الاستئناف مبدأ بـني الأطلاق والنـسبيـة

Abstract

The effect of conveying the appeal results in a basic rule, which is the inadmissibility of making new applications before the court of second instance, so the latter may not be subject to a decision on an order not before it, nor with the appellant not transferring it to his appeal. Although this rule came in response to an important principle which is the principle of litigation on two degrees. However, strict adherence to this principle clashes with other basic principles of litigation, such as the principle of economics in procedures and the speed of resolving the dispute in a comprehensive manner in addition to the idea of developing an appeal function. To address this issue, we raised many questions, through which we aimed to clarify the position of Libyan law, using the judgments and jurisprudence opinions. One of these questions raises the issue! What are new applications? Is everything that is brought before a second-degree court considered new applications? What is the fate of the applications first made to a second-degree court? What is the philosophy underlying the principle that new applications cannot be made? How far is the ban about public order? If the delivery of this principle as an absolute lead to unacceptable results, is it mitigating the principle leads to the waste of the most important guarantee of litigation (the principle of litigation two degrees). Tried legislator Libyan to reconcile these considerations by accepting a certain range of applications because they are not original demand change, but is an extension of it. as requested by other renewable accessories to the original request, and as a request to change the cause or add to it as long as it does not change the legal status, which offered protection, in addition to accepting interference or input from a party to a dispute first degree, as long as it does not demand the right to intervener himself. It considers these requests merely an exception to the general rule not to accept new applications on appeal, although in a specific framework and in a narrow range.