فض المنازعات المدنية و التجارية بموجب نظام التسوية القضائية في القانون الفلسطيني

الملخص EN

This study has dealt with the judicial settlement system, which is one of the important procedural issues organized by the legislator in the Code of Civil and Commercial Procedure.

It aims to acknowledge this system by showing its nature, importance, distinguishing characteristic features, and the need to activate it.

Besides, the study aims to clarify the procedures of the system to be followed and their implications.

The study relies on inferring the legal provisions from the texts of the law after describing, analyzing, and explaining the views of jurisprudence in each ruling thereon.

The researcher concluded that the activation of this system will contribute to overcoming the 'judicial bottleneck' because of its speed in resolving disputes.

The rulings issued on these disputes do not only accept any form of appeal, but they are also considered as an executive attribution that can be executed without the need for any other judicial procedures.

Finally, the researcher also concluded that any failure to reach a settlement of the dispute does not prejudice the rights of the litigants to present their evidence, requests and arguments when referring the dispute to the trial judge.