Principle of proportionality in the operation of the procedural sanction in the Code of Civil Procedure

Abstract

  Since the rules contained in the Code of Civil Procedure are procedural rules, they are designed to draw the way for adversaries, including orders, prohibitions, rights and duties, in order to facilitate access to the ultimate goal and the overriding objective sought by the legislator, which is to resolve the dispute and eliminate the situation of the rights Legal centres for the common good in the proper administration of justice, since the function of the judiciary is a public one, together with a special function that seeks to respect individual rights and freedoms, and the fact that such rules are automatically respected, the likelihood of their being violated and derogated from IS Conceivable, hence it is imperative that those rules be accompanied by a sanction that is so effective as to achieve respect. The imperatives of evolution have necessitated that procedural sanctions be accompanied by, at the very least, other substantive regimes to change the mechanism for the design of such sanctions, in particular after asserting their independent role in the protection of the legal system, and their follow-up finds that such sanctions have not kept pace with this renaissance in the world today, and have only A small amount of research disproportionate to its importance in protecting the rules of procedure against the futility of adversaries and all that constitutes a departure from it