الحكم القضائي المنعدم و آثاره في قانون أصول المحاكمات المدنية الأردني : دراسة مقارنة

الملخص EN

The current study aims at pointing out that the court order, when delivered, shall remain valid and effective -mainly the power of the matter ordered- unless revoked by one of the challenge methods set by law.

Hence, in case the order is of those that may not be challenged at all or that the challenge methods have been exhausted, then it shall be definite and may not be subject to prejudice for which adhering to its unenforceability may not by approached by filing a first instant case or disputing its execution and hence, the same shall neither exhaust the discretion of the judge nor produce the power of the ordered matter in which case the order shall not be subject to rectification as the rule denotes that the non-existent cannot be corrected.

In fact, the said severe defect may be adhered to by any of the legal challenge methods while the judge, and in case of adhering to this order before him, may judge its non-existence by himself.