التكييف الخاطئ للدعوى : دراسة مقارنة

Abstract EN

Case Conformity considered as appliance of legal rule and establishing as it is credible from case events , with other words as description for these events and presentation they as elements or conditions or limits for the appliance of legal rule much longer reflects of mistaken adjustment on specific Jurisdiction of courts matter which decide the case , but already reflect on specific Jurisdiction of appeal court .

The legal adjustment is a complicated process being don’t perform isolate from opponents .

Therefore the opponents have role in mistaken adjustment because of non – confidence in determining of case events and clearness of its subject , or because non – proof events in the case as long as this on their shoulders .

Therefore the court must don't invoke the designations and descriptions of opponents for events and to clear what is ambiguity in the case subject .

The mistake may be in adjustment from the side of court subject because the court don't take account of his power toward the reality matters mainly in event potential and evidence procedure and already the mistaken adjustment to be because of non – observation law matters mainly it were of the side of legislative provisions or other rules which can apply on the event .

The court of appeal must have a supervision role on adjustment accuracy, wherever it control extend on the event matters which has been decided in spite of the level of this court, without mean that investigate the reality again, as it is recognized and represent itself in case file.

The control of the court has to be extended to reach adequacy and logical of real reasons as well as the state of distortion of the events, but the extension its control has to reach the matters of law, and so fort the enter course of roles of opponents and courts .

Therefore the legislator has to deal with the necessary applicable rules for adjustment process .