استنفاد ولاية القاضي في الدعوى المدنية : دراسة مقارنة

Abstract EN

The court's issuance of a decisive decision in the whole or part of the litigation subject to the dispute or in a matter subdivided from it, exhausts the authority of the judge who issued it in what has been decided upon.

The verdict remains considerate, and the judge refrains from revoking it, modifying it, adding or deleting it, even if the judgment is null, incorrect, or tainted with defects, even with the agreement of the litigants.

Except by legally established methods of appeal, unless the law stipulates otherwise.

And the objectives of the rule of exhaustion of the judge’s mandate are to stabilize the rights and legal positions of the litigants, and that the judgment remains observable, considered and arranged for its legal effects, in order to avoid perpetuating disputes and opposing rulings in a single issue.