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Judicial control over the discretion of the judge in the tort liability A Comparative Study in the framework of private international law | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 9, Issue 3, 2017, Pages 9-49 | ||
| Authors | ||
| P.D.Abdul Rasul AbduL Redda; Najat Karim J. A. al-Shammari | ||
| Abstract | ||
| The subject Judicial control over the discretion of the judge in the tort liability, play an important and decisive role, this event is owned by the judiciary in the framework of this law that are consistent with the philosophy of the existence of private international law, it is the law is not based on individual and isolation, as a result of the lack of full rationing to deal with all disputes concerning about them which throws all its weight on the judiciary to exercise an important role in this relationship because of its discretion in assessing each case categorize an end, judiciary as a last resort for litigants him to govern justly them and can not be invoked or to decline to do so under the cause blurred text or not existence.. Since the judiciary in general and the resolution, in particular, is not correct on its own, but higher courts monitor the application of the judge to base attribution, as a national legal basis in order not to loose the power and the limits are exceeded by the judge, the latter makes a binding good interpretation and application, whether it is losing sight of the application judge her, despite the availability of conditions applied, or applied automatically without respect for the principles of impartiality of the judge and respect for the rights of the defense or it comes to make a mistake in the application, as a national legal basis, whether to adapt the legal issue in dispute or in the application of attribution officer where properly applied, or in determining the scope of the law ascribed to monitor conditions apply, whether this rule double or single side, whatever the nature of the rights as regulated by the judge erred in that the judgment be set aside for the exhibition. | ||
| Keywords | ||
| Judicial control; discretion; Judge; tort liability | ||
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