الجزاء الإجرائي في القضاء المدني : دراسة تحليلية مقارنة

الملخص EN

The procedural legal rules within the framework of the Civil Procedures Law are like the rest of the legal rules that determine the behavior of persons in what is decided and the judicial procedures that must be taken on the occasion of the civil lawsuit according to the limits set by law within the framework of the civil judiciary.

Maintaining respect for those rules, including the guarantees and procedural rights contained in their texts, which must be combined with a procedural sanction to regulate the relationships that arise as a result of the conduct of the case; As the absence of some procedural legal rules from the legal existence of procedural sanction will keep these rules away from the stability and legal security hoped to be achieved by their legislation.

The legal existence of the procedural penalty as a cornerstone of the legal rule results in deterring and directing the persons of the lawsuit in their behavior by taking judicial procedures according to its legal organization, and then its presence will contribute to regulating social life within the scope of judicial work and preventing the infringement and the intention of harming the other opponent or preoccupying the judiciary with lawsuits that are not usefulness of it.

This presence is also achieved, in addition to strengthening the judge’s work in facilitating the adjudication of the civil lawsuit in accordance with the provisions of justice, the effectiveness of judicial oversight of the actions issued by the judge, which hopefully reflect the integrity of the judiciary and the judge’s commitment to the rule of law when examining the case before him, thus verifying the judicial process.

On a symmetric and steady pattern, and then it reflects to us an image of a developed society with a judiciary with a unified direction, complete and just in the performance of its judicial function.