مشكلة الحكمين المتناقضين و الحلول المقررة لهما ما بينهما إعادة المحاكمة و التمييز : دراسة تحليلية في ظل قانون أصول المحاكمات المدنية الأردني

الملخص EN

It is well known that courts, as a general rule, settle the disputes that arise in.

the society.

Courts decide the casus before them by issuing what can be called "judgments" or "court decisions*1.

The Jordanian legislator decides that, as a general rule, the dispute concerning a certain matter between the same parties- when relying upon the same legal reasons- needs to be tried once only.

There should be only one decision in such a case.

The Jordanian litigation system stands upon this principle, However, it is conceivable, even under such a system (i.e.

under Ihe Jordanian civil procedure law), that the same dispute be brought more than one tune before the courts.

Furthermore, the Jordanian courts may deliver more than one contra dietary judgment in such a dispute.

Such a thing constitutes a problem that badly affects the civil justice system and affects the parties' rights.

Accordingly, this research addressee this problem within the Jordanian civil procedure law.

The limits and the reasons behind this problem were analysed.

This research dealt; with the Jordanian legislator's adopted solutions through die appeal before the Court of Cassation and the Appeal by re-trial.

Those two solutions were assessed, The study conclude diat die legislator needs to adopt certain measures, Recommendations were given, to achieve a more accurate solution for such a problem,