عناصر قرار الحكم و الجزاء المترتب على تخلف أحدها في قانون أصول المحاكمات المدنية الأردني

الملخص EN

The court decision is regarded as a mirror reflecting the actions taken by the judge in the case.

Therefore, Article 160 of the Law of Criminal Procedure enjoins that the court decision shall contain several data, some derived from the subject of the action, documents and requests of opponents and their evidence, and some from the court’s degree, place and name, as well as the name of judge and the date of decision and up to the Constitution.

The Law did not specify the sanctions that result from the omission of the court of some of these data.

So is the work of the court in this case void, non-existent or does it contains an error that the court itself can rectify at the request of those concerned? Further more, the decisions of the Jordanian Court of Cassation were clearly contradictory with respect to some data on the one hand, and on the other hand, the court decisions did not cover all the data specified in Article 160 of the Law.

In addition, the said Article did not distinguish between the data of the verdict and its components.

Therefore, the researcher tries through this research to distinguish between the components and the data as well as determine the consequences when the decision is devoid of any such data or items.