نطاق الدعوى في الاستئناف: دراسة مقارنة

الموضوعات

قانون

الملخص

روابط وملفات

التعريف والنوع

رقم الوثيقة

03ff3300-5702-4d5a-9d8d-286286595c0d

رقم العقد

0

نوع الوسائط

Crawler

نوع المحتوى

الرسائل العلمية

صيغة المصدر

رسائل ماجيستير

نوع الملف

pdf text

أسماء الملفات

999561_1.pdf

بيانات النشر

ترجمة العنوان

The scope of the proceedings in the appeal: A Comparative Study

ألقاب المؤلفين

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اللغة

Arabic

المصدر والدورية

اسم المصدر

نطاق الدعوى في الاستئناف: دراسة مقارنة

المحتوى والصفحات

عدد الصفحات

0

ترجمة الملخص

The right to litigation of the fundamental rights guaranteed by the Constitution for individuals , which is practiced by the judicial authority by courts of different kinds and degrees , and exercised this right in accordance with the procedures and conditions specified in the rules of Code of Civil Procedure , and where the function civil justice is a function of a general are in accordance with the requirements of a particular it does not begin automatically , but based on the application submitted by him of the need to protect the rights and interests , and the way it is created by the legislature of a legal instrument for this purpose , a case of the media of which is obtained from the judicial protection required. The civil lawsuit pass in three main stages represent a gradual sense in achieving its goal , which is the stage of the judicial claim pleading stage , followed by stage and then the judgment. As the litigation on the two degrees of the basic principles in the judicial system , it allows litigants to submit the dispute again to a higher court than those considered in the conflict for the first time so as to enable them a second chance repeating the search disputes and Istdrickon the death of the defenses and completing the lack of and means of investigation and prosecution and defense fit the plan they took before the Court of First Instance , in addition to repair the young man spend the Court of First Instance of the errors have occurred in the ruling by. In order to achieve a guarantee of litigation on two levels should be determined by the scope of the case before the court of second instance , according to what is known in the jurisprudence of the pleadings to the principle of impact the carrier 's appeal , which means that the scope of the proceedings in the appeal should be determined as a general rule , including separated the Court of First Instance , within the limits of the paragraphs exposure to challenge her opponents , so that you can control from the Court of Appeal Court of First Instance of work and complete the repair and shortcomings in its courts. If this is a function of Appeal , which embodies the principle of the stability of the dispute , which means there may be amended by the scope of the case in terms of the elements of the three persons and the subject and the reason as determined by the prosecutor petitioned the original case. The emergence of the principle of the evolution of the conflict , which aims to resolve the dispute decisive comprehensive and definitive , though the consequent creation modify or add to the elements of the original case identified under the petition , has been added to the function of Appeal depicting New knows the modern sense of the appeal , which means that the function of appeal is not limited to once the monitoring provisions of the courts of first instance , but rather a comprehensive resolution of the conflict decisively so that the judgment of the Court of Appeal crucial to the conflict fully and in all aspects so as not to keep his tails can be raised again before the courts of first instance. This new conception of the function of Appeal allowed the expansion of the scope of the proceedings of Appeal as it is no longer a matter in which a minor to determine that range up to original applications included in the lawsuit brought before the Court of First Instance , but could include the scope of the suit in addition to the progress on the new demands presented for the first time in front of when the Court of Appeals was the evolution of the conflict entails. If some comparative legislation such as the law of the Iraqi and the Egyptian had turned away from the concept of rigid to the principle of the stability of the dispute before the Court of Appeal and allowed an exception from the original year bring new applications to appeal to a limited extent , others like the laws of the French have adopted the principle of the evolution of the dispute before the Court of Appeal allowed the creation of new applications Appeal proceedings in a manner broader than what is prescribed in the legislation developed.

كلمات الباحثين

الحق في التقاضي، الحقوق الدستورية، المحاكم، الدعوى المدنية، المراحل القضائية، مبدأ الاستئناف، مبدأ استقرار النزاع، تطور النزاع، قانون المرافعات، القضاء الابتدائي، محكمة الاستئناف

إشراف وإعداد

الإشراف

منصور حاتم محسن الفتلاوي

الإعداد

أحمد خيري غاوي

الاقتباسات الببليوغرافية