التنازل عن الحكم في المرافعات الإدارية: "دراسة نظرية تطبيقية"

الملخص EN

To the extent that a person has been inherited to adhere to what he may have of rights, to the extent that he may find himself driven not to adhere to his right, but rather to waive it by way of descending that overthrows him and leads to its expiration, and legal life is replete with practical examples of this forfeited descent, and the most important of them is the abrogation of judgment, The reference to this importance is what this descent presents on the surface of legal thought in terms of minutes that require the implementation of this thought, as the effect of descending from the ruling is not limited to its demise, but rather that effect goes beyond the right established by it, even though the ruling is only one of the papers of the pleadings; However, the legislator differs between him and the various pleading papers, as the waiver of the judgment differs from the waiver of other pleading papers, as it does not entail merely returning the litigants to what they were before the waiver, but rather the abandonment of the right that has been proven.

Although this effect applies to the administrative litigation as it applies to its civil counterpart, aspects of the difference in nature between them create a procedural distinction, and put on the surface of the research a midst of the subtleties of legal thought.

The Civil Procedure Law, and the procedural system built by the administrative judiciary to reach an intended goal represented in developing a precise procedural conception of the case of waiver of the judgment and its impact on the administrative case, and the collection of the fragments of the abundant judicial rulings of cases that clarify the nature of waiver, the conditions for this waiver, its restrictions and effects, Then return it to general rules and principles that researchers benefit from at the academic and judicial levels.