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The dispute of the third party on the order of the court In the civil case | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 10, Issue 1, 2018, Pages 75-116 | ||
| Authors | ||
| P.Dr. Mansour Hatam Al-fatlawi; Ameer Farhan Al abedy | ||
| Abstract | ||
| Taking the subject of identifying the parties to the lawsuit an important aspect in terms of the procedural laws of comparison, has prevailed in the old procedural law the principle of the inadmissibility of modifying the scope of the lawsuit after a presentation to the judge, as it complies with opponents and judge alike as has been requested by the petition presented by the prosecutor the first time to the court, but there are many changes and developments in the legislature pushed these laws to let the opponents and the court to amend the scope of the lawsuit We have seen that the legislator procedural in modern comparative law has allowed for the judge to Echtsam third parties in the suit of his own, the opposite of what it was the old laws that did not allow the judge to carry out the process Alachtsam of his own, many of the traditional jurisprudence, that has opposed allowing the judge to carry out this process on the pretext it conflicts with the principle of impartiality of the judge and the principle of freedom of a person to resort to the judiciary, but has been responding to all the objections made against this regime and in view of the benefits achieved by this system has been provided for in the laws of most of the arguments in the world. We have addressed this subject in some detail by the extent of the legality Alachtsam system in the old laws, as well as the position of Pena modern laws of this system and the extent of development it has reached these laws organized by the issue of non-building Achtsam Al court order. | ||
| Keywords | ||
| Dispute; the third party; the order of; court In the civil case | ||
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