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- Title
تأخير اعوان القضاء عن اجراءات الدعوى الددنية (دراسة هقارنة).
- Authors
أ. م. د. عدنان هاشن ج&; حسين علي حسن حمزه
- Abstract
The civil lawsuit encounters obstacles, whether the latter is before or after the filing of the lawsuit, which leads to a delay in proceeding with it for a period of time, and it does not matter whether that delay is in the preliminary or the appeal stage; Until the delay in itself became a burden on the law due to the huge number of lawsuits before the courts and the relevant authorities, and lead to the depletion of effort and time in addition to the disruption of justice. The delay in the procedures is not limited - as it appears at first glance - to the parties to the conflict, but it can be imagined that it is issued by judicial assistants who work in the courts, such as the public prosecutor and the judicial reporter, and non-workers in the courts such as lawyers and experts, as this category of people may cause them to resort to methods They are illegitimate, or they may take advantage of some of the gaps in the legislative texts, which has become necessary to have means to combat these procrastination measures in light of the rapid development in most areas of life in a way that leads to activating the principle of urgent and fair judiciary, and among these means is reliance on electronic litigation And mediation because of their important role in contributing to finding solutions to disputes as soon as possible and with short, uncomplicated procedures. Although some legislations have granted the court discretionary power to impose its procedural penalties on those who cause harm to one of the parties, this granted power does not address the issue of slowness in litigation due to the exacerbation of this phenomenon and the increase in the huge number of cases that are not commensurate with the number of judges. There were no procedural or substantive penalties that would have an effective and rapid role in contributing to finding the necessary means to avoid this delay and save time and effort.
- Subjects
MEDIATION; JUDGES; CIVIL procedure; PROCRASTINATION; JUDICIAL power; PUBLIC prosecutors; LAWYERS
- Publication
Al- Mouhakiq Al-Hilly Journal for Legal & Political Science, 2023, Vol 15, Issue 3, p432
- ISSN
2075-7220
- Publication type
Article