Problems of legal adaptation of the fact being proven and the extent of its relationship to overturning judicial rulings ( A Comparative Study)

Abdu-Hussein, Ameer Ghazi; ALJAYYASHEE, Assad FADHIL MANDEEL

doi:10.63677/jqlap.2023.181484

	Problems of legal adaptation of the fact being proven and the extent of its relationship to overturning judicial rulings ( A Comparative Study)
AL-Qadisiya Journal For Law and Political Sciences
Volume 14, Issue 2, December 2023, Pages 567-588 PDF (886.14 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2023.181484
Authors
Ameer ghazi Abdu-Hussein¹; Assad FADHIL MANDEEL ALJAYYASHEE^* ²
¹College of law-University alQadisiyah
²كلية القانون في جامعة القادسية
Abstract
In our study, we will examine the error in the legal description as one of the reasons that require the judicial ruling to be overturned and invalidated which is embodied in the incorrectness of the comparison between the documents and facts presented before the judge with the legal rule that must be applied to those facts, as it is the appropriate legal cover for them. This process is considered the most difficult thing that a judge may face, who must develop a solution to the dispute presented by the opponents, relying on the facts and requests submitted by them in accordance with the paths and frameworks prescribed by the law.This process is considered the most difficult thing that a judge may face, who must develop a solution to the dispute presented by the opponents, relying on the facts and requests submitted by them in accordance with the paths and frameworks prescribed by the law.
Keywords
Legal description; ،Error in law; ،Break of law; ؛; ،Error in legal conditioning

Statistics Article View: 2,473 PDF Download: 168