خروج النزاع من ولاية المحكمة (مبدا استنفاد ولاية القاضي)‎ : دراسة مقارنة

الملخص EN

The study aims to show that the dispute has departed from the jurisdiction of the court.

The study concluded that the court may not re-adjudicate the dispute again or amend or cancel the judgment as long as its judgment is final in order to achieve the stability of legal centers, but several exceptions are made to the principle of exhaustion allowing the court that issued The ruling re-establishes its jurisdiction over the ruling it issued.

These exceptions are the correction of material errors in the ruling, and the court's interpretation of the ambiguity or ambiguity that occurred in the operative part, the omission of adjudication in some requests, in addition to cases of continuation of the court's jurisdiction over cases in the event of an appeal before the same court that issued it.

Judgment in the event of an appeal with a petition for reconsideration - re-trial and in the case of opposition - an objection to the judgment in entia The study concluded that the principle of exhaustion is one of the most important effects of the issuance of a judicial ruling, and that there is a difference between exhaustion and the validity of the res judicata, even if some consider them two sides of the same coin, in addition to that the Egyptian and Iraqi law did not provide for the exhaustion of the court's jurisdiction as an effect of the ruling, the opposite of that law.

The influential French 1975 stipulated this effect, but jurisprudence and the judiciary in Egypt and Iraq dealt with this, and the Egyptian Court of Cassation issued many rulings in this regard.

The study recommended explicitly stating the principle of exhaustion of the court's jurisdiction in Chapter Three of the Egyptian Code of Pleadings and Chapter Five of the Iraqi Code of Pleadings