الضرورة الإجرائية: دراسة تحليلة في قانون المرافعات

Abstract EN

Procedural necessity is an exceptional or compulsory situation, in which it is permitted to deviate from the ordinary procedures, in order to preserve the objectives of the justice process, the interest of society, and the interests of individuals as well.

In this research, positions of such necessities have been identified in the Egyptian Code of Procedure No.

13 of 1968 AD, and analyzed in light of their procedural objectives.

The results of this research include defining the meaning of procedural necessity as the compelling situation to commit a prohibited act, or to leave a procedurally required one; determining the reasons for applying procedural necessity, which are: (taking into account the various interests - taking into account the human side - taking into account the proper course of justice).

The results also include defining the legal nature of necessity as one of the pieces of evidence for exceptional procedural rulings.