Formal objections in the Procedure Act A comparative study
Abstract
Formal objections occupy an important place in the field of the Procedure Act because they are connected to the judicial system itself. The Procedure Act shows the penalty for violating the rules governing the proceedings. Formal objections have a very specific meaning in the Procedure Act related to how to uphold this penalty.The right of the opponent to adhere to formal objections is a fundamental right, in order to preserve the forms and conditions stipulated in the law of pleadings, it was necessary to place the penalty for violating them. And determine how to adhere to it to respect the orders and intentions of the law, but at the same time should not result in the penalty to prefer the form on the subject and arbitrariness in its use. And restrict the hand of the judge even with the possibility of correction and thus wasting rights for the most trivial reasons.
References
- Unpublished decisions issued by the Court of Appeal of Nineveh as discriminatory:1. Decision No. 444 / BP / 2004 of 8 September 20042. Decision No. 661 / TP / 99 of 28 August 1999.3. Decision No. 834 / TB / 2000 on 5/11/20004. Decision No. 166 / TP / 2001 of 25 March 20015. Decision No. 319 / BP / 2004 of 26 June 20046. Decision No. 80 / EB.997 of 15 January 1996.7. Decision No. 432 / TTP / 2002 of 13/10/20028. Decision No. 463 / BP / 2002 of 23 November 2002Web sites:1. WWW. Legifrance GOUF.FR2.: //www.geocities.com/magdy_law/HTM/A_R/Ahkam/A-3. WWW. Legifrance GOUF.FR
- Unpublished decisions of the Court of Cassation:1. Decision No. 1105 / M 3/1994 of 21 June 1999.2. Decision No. 273 / General Assembly / 98 dated 28/11/1998.3. Decision No. / General Assembly / 98 dated 28/11/1998.4. Decision No. 29 / First Person / 2004 on 13/10/2004.