نظرية الظروف الطارئة و أثرها على الأحكام القضائية : دراسة تحليلية مقارنة

الملخص EN

Issuing a judicial judgment is considered to be the outcome which requires resting to court and bringing legal actions before them.

If such an end is accomplished by the issuance of a judicial judgment, the next procedure shall be to execute what is included in this judgment in order for each person to achieve their right.

However the circumstances accompanying such an execution may not be the same circumstances in the light of which the judicial judgment has been issued; rather they may change according to emergent events coming upon the judicial judgment after being issued, which in turn affect the right of the litigants whether the judicial judgment is issued for or against them.

The emergence of such circumstances may render the judgment unjust though valid legally.

Therefore the suitable remedy for such a case is reviewing the judgment so it is in line with the circumstances happening recently.

This means emergent circumstances have an impact on the judicial judgment as they have under civil law yet not all the judicial judgment are the object of this theory for the judicial judgment which may be objected through one of the legally determined methods of objections may be the object of this theory because even if the circumstances under which the judicial judgment is issued differ from that under which it is executed, it is possible to confront such a case through objecting these judgments.

As for the judicial judgments which are no longer objectionable legally for the lapse of the legally specified periods particular to objections or because the parties have agreed to make no objections to the judicial judgment or the judgment is objected and then ratified by the court of cassation that is the judgment becomes final.

This kind of judgment is considered to be natural course of the theory of emergency circumstances if the circumstances change after the judgment becomes final in such a way that affects the interests of the parties in such a case it is possible to modify the final judgment in accordance with the theory of emergency circumstances noting that not all the final judicial judgments are deemed to be the object of the circumstances theory.

But only the judgments which involve changeable legal centers (extending in time) i.e.

that which require time to execute such an extension – such judgments necessarily require the decisions on the basis of which and in relation to which they were issued to have the same nature and features.

In other words, the judgments which involve such centers can be continuously reviewed until these centers remain unchanged