Guarantees of good application of procedural justice - an analytical study -

Authors

  • Assist. Lect. Aseel Fadel Ismail Author
  • Saddam Khazal Yahya Author

Keywords:

substantive guarantees, procedural guarantees, judicial request, two, level litigation, publicity, the right of defense, the principle of confrontation, equality between opponents

Abstract

: The principle is that the civil judicial ruling issued in the civil litigation is supposed to be a title of the factual and judicial facts as much as possible, and is correct in both formal and objective terms, but the ruling cannot reach that goal and achieve the necessary stability for the rights and legal positions of the litigants and spread confidence and reassurance in their souls about what has been decreed. With it, except after ensuring due respect for a set of guarantees for the achievement of procedural justice, which the legislator guaranteed to the litigants on an equal footing when they resorted to the judiciary and the use of procedural rights and bearing the duties and burdens imposed by the course of the litigation in order to achieve a just, urgent and prompt judiciary that resolves the dispute in the case in question.

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Published

2023-01-01

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Section

Articles