وسائل معالجة التعسف الإجرائي على صعيد العلاقات الدولية الخاصة : دراسة مقارنة

Abstract EN

The parties must deal in good faith with good conduct with their other adversary.If one of the adversaries finds that the right on the side of his adversary is recognized by him and inflicted upon him without intransigence or arbitrariness, and the representatives of the adversaries shall aim at defending their clients to realize the right.

And justice, and that their defense of their clients is not to achieve their aims, whether legitimate or illegal.

There is no doubt that this approach was followed for the lack of many disputes, and the opponents and judges rested from the proceedings are intended only to procrastinate and arbitrariness towards the other opponent.

The procedural stubs also play a preventive role that prevents arbitrariness, because the theory of arbitrariness plays a dual role in the control and supervision of rights in general and poses in this area a much deeper problem than the question of responsibility, the problem of the right to play its role in harmony and harmony without contradiction with others rights, This stage precedes the stage of responsibility and is achieved by initiating an end to the use of the right.If it turns out that it threatens the balance between rights, the judge decides (not to accept), which consecrates the preventive role of this idea, which works to reduce the excess or deviation of the use of the right to this extent.

And inhibits the order For him to the stage of responsibility or what can be described as arbitrary, or in other words, when it raised the preventive nature of the idea of arbitrariness.