أحكام الغياب عن الجلسات في الدعاوى المدنية في ضوء نظام المرافعات الشرعية السعودي لعام 1435 هـ : دراسة تحليلية نقدية

الملخص EN

This study deals with the provisions of absence from the sessions stipulated in the Saudi Proceedings Law of 1435AH and its executive regulations.

The absence of one or both of the litigants is regulated by the rules of procedure, including the rules that prevent the circumvention and procrastination of the litigants.

Because absence is a procedural fact that negatively affects about litigation and prevents from complete it naturally, especially absent from the first session.

The importance of the study is highlighted in the statement of the legal basis on which the rule of permissibility was based on the absence of the litigants, and the rules concerning the absence of the litigants from the hearing that came in the new system of pleadings issued in 1435AH and its executive regulations, which was born only a short period, but they were able to add and introduce many amendments worthy to studying.

This study is based on the importance of litigation procedures and the necessity of conducting judicial proceedings on a regular basis so that the nullity does not suffer any action which leads to a result that invalidates the judgment.

The absence of sessions is very important because it is part of these procedures.

Whether for the judiciary or litigants in the case, so as not to lose the right of the adversaries in the defense, which is still a fundamental right and an important part to achieve judicial protection of the opponents.

The topics related to the study were discussed in three sections as follows: First section: The rule of permissibility of judgment on the absentee.

Second section: Forms of absence and rulings.

Third section: Guarantees of the sentenced in absentia.