التغيير في موضوع الدعوى المدنية( دراسة مقارنة)

محمد أحمد شطب

التغيير في موضوع الدعوى المدنية( دراسة مقارنة) الماجستير في القانون الخاص

Abstract

The judiciary aims to provide legal protection to all individuals in order to achieve justice. Justice is the basic purpose of the judiciary, but this justice can not be reached and achieved without following the provisions of the law of pleadings. If the civil judiciary is required, it is not self-sufficient to do so by bringing the disputed rights before the courts so that the latter can resolve the dispute. In the case law, the legislator has required the plaintiff to file his petition with a petition and condition The legislator to the judiciary to accept this petition And its consideration of several substantive and formal conditions. One of these formal requirements is that the legislator must include in the civil petition a set of statements which aim, in total, to indicate the persons and the subject of the dispute, the plaintiff’s requests and the evidence on which it is based, . The importance of these statements is that the subject matter of the case is relatively consistent for the judges or the parties and to prevent the dispute from being fluid, unclear, which makes it difficult to proceed either by the judge or the parties. The plaintiff was able to present his arguments, as the subject matter of the case The legislator has authorized, in many cases, to change the scope of the case in terms of its subject, its parties and the reason. The legislator has taken care of this in several ways, including preventing the establishment of an independent case and the judiciary’s role in it. To avoid the issuance of contradictory provisions can not be implemented together, as well as the importance of this in shortening the time and effort on both the judiciary and the adversaries, but nevertheless it is not permissible to exploit this legal passport to allow change of the subject matter of the case, and then change the subject of the case a fundamental change Other than the award cases), which makes us face a new lawsuit, closer to us Conan In front of the case, misses the fundamental change that goal to include a broad civil lawsuit statement as a statement of subject matter is mandatory, as well as the prolongation of the conflict and increased litigation costs, and what this represents out the principles of the Code of Procedure.