Article 238: Law-only appeals bound by trial facts

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 4750/2559 (2016)

   Where a further appeal lies only on a question of law, in deciding that question the court must accept the facts found by the lower appellate court from the evidence in the file, applying Section 238 read with Section 247.

   In an insurance-coverage dispute appealable only on a point of law, the Supreme Court held it had to accept the Court of Appeal's factual findings under Section 238 read with Section 247, and decided only the legal question of whether the certificate covered the claimed permanent disability.

2. Arrêt de la Cour suprême n° 2120/2566 (2023)

   In a case barred from further appeal on the facts, the court deciding the question of law must accept the facts found by the lower appellate court from the evidence, under Section 238 read with Section 247.

   The case was barred from further appeal on the facts. The Supreme Court held that, in deciding the question of law, it had to accept the facts found by the Court of Appeal from the evidence under Section 238 read with Section 247, and proceeded on those found facts.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.