الموجبات الشكلية لانعقاد الخصومة المدنية في ضوء معيار الغاية من الإجراء: (دراسة تحليلية في القانون المصري والإماراتي)‎

الملخص EN

The procedural regulation for establishing the legal existence of litigation proceedings depends on the fact of knowledge of it, whether on the side of the court through the filing of the lawsuit, or on the side of the defendant by the notice of the lawsuit or by his appearance at the hearing.

The issue of knowledge of the litigation is one of the most controversial legal issues, with varying opinions from jurisprudence and judicial rulings, which have not yet settled on a unified basis for the proper establishment of the litigation.

Therefore, it was necessary to define the correct legal framework for the establishment of the litigation in light of the divergent jurisprudential and judicial trends based on the general criterion or principle adopted by both Egyptian and Emirati law, which is the purpose of the procedure, and to clarify the ways to avoid the penalty of nullity of the procedures leading to the establishment of the litigation.

This research addresses the study of the formal requirements for the establishment of civil litigation from three aspects: the first is to define the meaning of the criterion of the purpose of the procedure and the controls for its application, the second is to clarify the extent to which the purpose of the form or data necessary for the validity of the judicial notice is achieved, and the impact of the discrepancies between the original notice and its announced copy on the establishment of the litigation, especially with the divergence of judicial rulings on this issue.

The third aspect deals with the impact of the defendant's appearance based on a void notice or without notice on the establishment of the litigation.

The research in this study relied on the analytical method of legal texts and judicial rulings in both Egyptian and Emirati legislation, considering that both adopt the criterion of the purpose of the procedure as a basis for ruling on nullity