التقاضي عن بعد : دراسة فقهية تطبيقية على النظام السعودي

Abstract EN

In this research entitled, “Litigation about a practical jurisprudential study on the Saudi system”, the researcher adopted the descriptive analytical approach which describes the phenomenon and analyzes its causes and results.

In addition, the researcher used the comparative approach to fulfill the nature of the study and its parts through a comparison between some legislations that used the remote litigation; to provide a legitimate and legal basis and fulfill the legislative needs in the Saudi system.

The study aimed at clarifying the effects of informatics and modern technologies in developing litigation and changing it from the traditional form to remote litigation, and jurisprudential and judicial adaption of remote litigation, and presenting proposals to the Saudi system to work according to them in the legislation of remote litigation through electronic rooms, and clarifying the positive and negative effects resulting from using remote litigation, and the reasons and novelties which make remote litigation necessary.

The researcher concluded a set of results and recommendations.

As for the results, the most important one of them is that electronic rooms make the absent as a witness through the video conference, which make the sessions public and pleadings oral.

As for the recommendations, the most important of them are: developing the cooperation between the Ministry of Justice and its counterparts that experienced the field of remote litigation; transferring expertise and experiences, besides avoiding the problems they encountered or knowing their solutions before they arise.

Key words: Litigation, jurisprudential, Saudi system.