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Register a new userThe Symptoms Of The Stagnation Of The Civil Case
عوارض ركود الدعوى المدنية
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Sham Private University ورقة بحثية
Publication date
2021
fields
Low Sciences
and research's language is
العربية
Authors
أصالة كيوان( باحث )
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Shamra Editor
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عوارض سير الدّعوى المدنيّة هي أحداث أو وقائع تتعرّض لها الدعوى من الناحية الشكلية وقبل الدخول في الموضوع، وتؤدّي إلى وقف السّير في الدّعوى أو تعطيلها مؤقّتاً. فهناك عوارض معيّنة تطرأ على الدّعوى المدنيّة، فتجعلها في حال ركود مؤقّت تمنع سيرها نحو غايتها المنشودة، هذه العوارض بعضها يرجع إلى إرادة الخصوم، وهذا مظهر من مظاهر مبدأ سيادة الخصوم على الدّعوى المدنيّة، وبعضها يرجع إلى نصّ القانون أو تقدير القاضي. كما أنّ قسماً من هذه العوارض يرجع إلى أسباب لا إراديّة تقع دون أن يكون للخصوم يد في وقوعها، أو قدرة على دفعها؛ كالوفاة، أو فقد الأهليّة، أو زوال صفة الممثّل القانوني.
Symptoms of the progress of the civil case are events or facts that the lawsuit is exposed to in terms of form and before entering into the matter, and which lead to the suspension or temporary suspension of the proceeding in the case. There are certain symptoms that occur in the civil case, which make it in a state of temporary stagnation that prevents it from moving towards its desired goal Also, some of these symptoms are due to involuntary causes that occur without the litigants having a hand in their occurrence, or the ability to push them. Such as death, loss of capacity, or loss of legal representative status.
References used
Wasel, Muhammad, The Fundamentals of Civil Trials, Part 1, Damascus University, 2011.
Omar, Nabil Ismail, Judge's discretionary authority in civil and commercial matters, Al Maarif facility, Alexandria 1984.
Abdul-Daem, Ahmad, The General Theory of Commitment Part 2, Provisions of Commitment, University of Aleppo Publications 2006
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