تجزئة الإجراءات القضائية في الدعوى المدنية

علي شمران حميد الشمري

تجزئة الإجراءات القضائية في الدعوى المدنية الدكتوراه فِي القَانُونِ الخَاصِّ

                                                                                                                                                         Abstract

The importance of research in this subject is that the law of pleadings is a law that serves the substantive laws because these procedural provisions exist only to serve the substantive rights and protect them when the dispute is settled, the existence of the right becomes irrelevant if there are no rules to protect it. It is closely linked to the rule that a person (who cannot obtain his own right, but must seek the authority of the judiciary) has the task of administering justice among individuals and ensuring legal protection for them in accordance with the law.

Given that civil proceedings are a set of judicial procedures, it is well known that these judicial procedures are related to each other, so that they should be dealt with as a single unit, but because of the necessity of a legal process it may sometimes resort to the fragmentation of some procedures (such as judgments, decisions or declarations) Or appeal the judgment and others) and deal with them in a positive way to achieve the stability of transactions, and achieve procedural balance, and therefore the importance of research in this subject by showing the impact of the fragmentation of a particular procedure on other judicial procedures, and whether the fragmentation of these procedures Leading to prejudice to the acquired rights of litigants in civil proceedings, in addition to our findings and proposals gives and enrich the thesis of the great importance that makes it one of the procedural issues in which writing less directly.