المسؤولية المدنية للدولة عن الاخلال بالرقابة القضائية : في اطار الدعوى ذات الطبيعة الدولية الخاصة

الملخص EN

Recently the State Civil Responsibility become a common term in Law especially regarding damages caused by Technological development and Pollution.

Basically in Private International Law state is completely free in exercise Judicial control on lawsuit with Private International nature because of the state National sovereignty on its Territory and no foreign State can interfere in this Jurisdiction.

But this doctrine must be changed and focusing on individuals and their interests.

In which Judicial control will guarantee their rights.

The study aims to clarify the outline of State Civil Responsibility on breach Judicial control, by discuss the idea of Civil Responsibility on breach Judicial control and its rationalization.

Then how the State breach Judicial control by the wrong classification in dealing with Foreign Law or ignoring its real nature which produce damages to individuals may reach the absence of judicial control and how to compensation those damages to achieve justice.