Procedural obligations within the scope of the Civil Procedure Code (An analytical study)

Authors

  • Assistant Omar Latif Karim Author

Keywords:

Procedural requirement, Judicial procedure, Civil lawsuit, Procedural defect

Abstract

Abstract: If the goal of procedural sanctions is to be an effective means of achieving the legislator's intent to resolve lawsuits in the shortest possible time and with the fewest possible procedures, this will ensure the smooth running of justice by preventing litigants from using procrastination and delay tactics to preserve litigation time, prevent it from being subject to the litigants' control, and reduce the phenomenon of slow litigation, then the penalty of annulment is among the most important and dangerous procedural sanctions, given the serious consequences it entails. Therefore, through this study, we have attempted to address the concept of procedural duties, defining them, clarifying the procedural legal status, and the negligence that results in the penalty of annulment. We have also explained negligence in procedural duties, in terms of the plaintiff's neglect of the duty of attendance and the litigants' neglect of this duty. It has become clear to us that the subject of the penalty of annulment is the civil dispute, as it is a single block of successive procedures taken with the intent of obtaining a ruling from the judiciary

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Published

2025-01-01

Issue

Section

Articles