الإجراء القضائي بين البطلان و تحقق الغاية : دراسة تحليلية في القانون المصري و الإماراتي

الملخص EN

Faculty of Sharia and Law in Cairo, Al-Azhar University,  Cairo,  Egypt.

  Email:  dr.

abdalla123@yahoo.

com    The judicial procedure is of substantial significance in procedural law, and in view of this importance.

The legislator took care of organizing its provisions, and in setting rules that show its objectives or formal requirements.

Especially the latter, which is an essential feature of procedural law.

As the law clearly stipulated these formal requirements and their provisions, and the penalties for violating them, and among the most important of these penalties are;  The nullity sanction, which is an extremely harsh penalty, for its implications not only for the invalid procedure.

It is also related to other subsequent procedures that result from it, and then the legislator was keen to find the means that limit this procedural penalty, in order to avoid exaggeration in formality.

    Despite the importance of procedural formalism in the Egyptian and Emirati laws and the legislator's keenness on it; however, he estimated that form is not an end in itself, rather, it is a means to achieve a specific goal, and then he was careful not to exaggerate it by adopting too much as a criterion for judging nullity.

Therefore, it was stipulated that the basis for a judgment nullity is the achievement of the purpose or not, so that a judgment of nullity is not ruled despite the stipulation for it, if the purpose intended by the legislator has been fulfilled, and a ruling for nullity is ruled despite not being stipulated if these goal are lack.

    This research studies the judicial procedure from three aspects: The first is related to clarifying what the nature of judicial procedure and determining its requirements, and the second: explaining the penalty for violating these requirements, and the third: deals with the impact of achieving the purpose of the flawed procedure, and the study relied on the analytical approach in the Egyptian Civil and Commercial Procedure Law and the UAE Civil Procedures Law.

Considering that both laws are what takes the purpose as a criterion preventing a judgment of nullity if it is achieved, or a ruling of nullity if it is defaulted.