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The effectiveness of the procedural link in the dispute against the appellate dispute )Comparative Study ( | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 10, Issue 3, 2018, Pages 84-122 | ||
| Authors | ||
| P.Dr. Hadi Hussein Al Kaabi; Mroa A.Shanabah Al swaide | ||
| Abstract | ||
| Legal systems are not free from the idea of association, whether in the substantive law relating to the origin of rights and legal centers or procedural systems belonging to the procedural law, and with regard to the scope of our study in the Civil Procedure Code, which is the reference to all procedural laws, the link exists within the procedural structures of the various systems to achieve full effectiveness Of the various procedural tools in these systems, and one of those systems, the system of appeal , it should be noted that the durations of the appeal considered as public order, so violation against it cannot be agreed on , from the others side, the radix of the proceedings in appeal case is the persistence of the dispute and proportionality of the proceedings Therefore, it is not possible to submit new applications that have not been submitted previously to the Court of Appeal, or if the third party submits a request to that court or presents it in the face of it. However, due to the importance of the reasons underlying the link between the procedural actions in terms of reducing the proceedings in terms of time or expenses, or in terms of conflicting or difficult decisions, it is possible to break these principles. Justice can be achieved on these grounds by protecting the rights of opponents of the appeal process sometimes and sometimes By protecting the rights of others. Therefore, the study of the effectiveness of the procedural link in the dispute of the appeal case requires us to study two topics we will explain in the first one expansion of the scope of the appeal case, the second section will be devoted to clarify the amendment of the legal status of the third party. | ||
| Keywords | ||
| The effectiveness; procedural link; dispute against; appellate dispute; comparative study | ||
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