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فكرة الحكم المنعدم في قانون المرافعات المدنية : دراسة مقارنة == Non - existent Judgment's idea in the civil procedure law Comparative Study
Author name:
علي عبد الحسين منصور
Supervisor name:
وليد خالد عطية
General topic:
Law
Specific topic:
Civil Procedure Law
Degree:
Master
University:
University Of Basrah - College Of Law And Politics - Department Of Private Law
Language:
Arabic
University location:
Basrah
First pages:
13T1629 - p.pdf
Abstract:
The case and dish out the Properly defined to ensure the facts of The award shall be valid if Substantive rules of law applied in the right the procedures for its evolution and previous actions by which he referred to conform to the law ,and be judged defective if similar defect in the part of these aspects and then there are two angles seen them to estimate the share of health : two to determine the facts and apply the law ,but the latter two parts , the first is the application of rules objectivity and the second application of the procedural rules that determine the course of the emergence of governance , as it is the right verdict if sound from all the previous destinations , and is defective if the injury is a lack of even one of them was intact in saurha.The importance of this distinction , said the ruling right to not be there fact to appeal ,since there is no defect mourns , and if before the appeal form he refuses to subject , as he has the power to end the lawsuit if it became prohibited , however there are flaws that marred the judgment he lost every legal value in the eyes of the law stripped of any meaning of the judgment in this case is described as non - existent, do not have legal force and then to Aictsp degree bits and lacks the power of the executive of the provisions , because of these qualities atelhak legal sense .This idea raised was the subject of controversy , there are those eho see it - the idea of absence - collide asset acquisition rule power to end the lawsuit if became prohibited , if awarded judgmenent of this force should not have to contradiect is , even if thes defect grave , as the legislator may select for compulsory ways to appael to discuss the disadvantages of the referee , if anglguet these methods are no longer the law defines away as to discuss these defects , and in the end , van say ptaab judgment baht for alleged lack thereof prejudice considerations of legal stability which it was built ( the theory of the power of the referee to end the lawsuit ) and power thing where the convict yet others see , that the theory of the provisi ons Z ero strong supporter of legal reasoning , recognizing that the ruling bath has the powrer to end the lawsuit and that he is not bermitted to discuss the disadvantages, especially since the acquisition of adjective unqualified means exhausted the remedies in it, the force prior to Atnsp only rule , if it was shan defect that negates all the work status of the referee, it does not replace the ratio of power to him , and then the lack of judgment is the standard recipe absence governace , be it retrives the definition of governance , then astdhar corners and Banaadamh to say , if one of these negated staff.Since the idea of rule of zero is clearly defined and are ambiguous in somerespects, including whether it is in terms of jurisprudence or the elimination of an expanded her and the strait of them , and the presence of mixingbetween the rule of zero and the rest of the judicial rulings other for the lack of legislative texts explicit in the law of the pleadings as a reference for all other procedural laws in case they are free of the text and the lack of regulation of the latter also with the provisions of absence , so this was the main problem that we set them on the subject of this letter tagged ( the idea of rule of zero in the code of civil procedure /comparative study ) has focused our study on the implications that relate to this idea , according to a scientific plan legal consistent dealt in which all aspects of the job that removes confusion and raise the darkness , and divided the message into three chapters , the first of them to what the judgment of zero divided by the two sections dedicated the first of it to concept of rule of zero either the second section to the cases of rule of zero , and then we made the second chapter to the report lack of judgment divided by the two section , we dealt with in the first and the way the report of lack either the second section was dedicated to the competent court in the report of lack of governance and procedures , and then we moved to the third quarter and we dealt with the effects of the referee palanaadam and divided by also into two sections, we dealt with the topic first raised the judgment palanaadam for the rule itself , while the second section dedicated to the effects of palanaadam judgment for the trial court ,which ruled him and after it was completed we went wrong conclusion pena where the most important conclusions that we reached what we decied to recommend that its recommendations are necessary.
