التكييف القانوني لوقائع الدعوى المدنية : دراسة مقارنة

Abstract EN

The litigants, as they represent the claims of plaintiff, and the defenses and arguments the defendant makes for not enabling his opponent to obtain a judgment about what he claimed.

giving the legal description of these facts is left to the court that considers the dispute, basing it on the substantive laws that govern it.

other than this prohibition - even if it is not expressly determined by legal rules - but the litigants or their agents give such a description, but it is a description that is not binding on the court and is not restricted to it even if it finds it correct to some extent, because this procedural activity is only the judge's task.

conditioning in its simple sense is "the search for a legal rule that governs the facts that the judge obtained from the litigants of the case and the investigations of the court." and the facts without this adaptation remain floating, but as soon as the legal description is given to them, they are stripped of the status of abstraction, and framed by a legal ruling that represents the final outcome of the conflict.

conditioning is one of the issues of law in which the subject judge is independent, and it comes after the judge collects and proves the facts in accordance with the legally established methods of proof, and then understands them correctly, and chooses the legal rule that is applicable without invoking the lack of the law or its ambiguity or ambiguity.

denial of justice.

since conditioning is a matter of law, the court of cassation may simplify its control over it, because the error in conditioning is a mistake in the application of the law, and the latter is one of the reasons for appealing the cassation decided by article (203) of the civil procedure code.

this oversight revolves around the extent to which the subject judge is able to give the correct legal description of the facts that he obtained from the litigants and the investigations carried out by the court and their attribution to a legal rule governing the dispute.

it is something that may be hit or miss, because the correctness of conditioning is what leads to the correct solution to the problem raised before the trial court.

conditioning is closely related to causation, so if the judge sends down the ruling of the legal rule on the dispute, he must state the reasons that called him to do so, and he may make a mistake in portraying these reasons, or they are not able to understand the facts and understand them correctly, because the error is in the conditioning, either as a result of not understanding the facts,,, or not relying on a correct legal rule, or both.