Private Law

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Browsing Private Law by Author "Dr. Akram Dawod"

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    Nullity procesures in the Civil and Commerical proceedings law Number (2) for the year 2001 (Comparative Study)
    (2012) Fayeq Nashat Fayeq Abu Hableh; Dr. Akram Dawod
    The subject-matter of this dissertation concentrates on the issue of invalidation of Procedures in the Palestinian Law of Origins of Civil and Commercial Litigations No. 2 of the year 2001, with all amendments therewith. This is a kind of comparative study with the Egyptian Law of Civil & Commercial Pleas and the Jordanian Law of Origins of Civil & Commercial Litigations. To complete the topic of any subject; i.e. of this study then there shall be an introductory chapter to speak on the subject of procedural work that shows the invalidity, the presence and the absence, whereas the invalidation does not fall but only on those acts. Hence, shall be in talking about the concept and what-about the theory of procedural work which will greatly facilitate to the reader how to understand the subject-matter of the study, namely, the invalidation. Henceforth, the aim beyond the introductory chapter shall be talking about the procedural work, as from one side, and on other hand such introductory chapter shall include a portion of another important topic which is figuring out the invalidation from other systems, so that the topic of this study shall stabilize unequivocally. As regarding the first chapter, such has been assigned to talk about forms, types and cases of invalidation, most importantly shall be the nullification related to the public order and that in relation to the private concern, then I will tackle cases of invalidation which in turn can be divided into two cases - the first one shall be for the invalidation case as provided in the law, while other case shall be the non-provided one, with all that may follow of differences in impact and a disagreement in the importance amongst such cases. Afterwards, presentation shall turn to stick to the subject of invalidation, allotting a reasonable chapter to contain this topic; whereas in the first part of it an explanation of those who may have the right to stick to invalidation exists from those who may not abide by invalidation. However, the concerned party to whose favorite the invalidation has been legislated shall be the holder of the right to invoke it, and who has been the cause of invalidation may not adhere to it. Hence, holder of the right in sticking to invalidation shall differ depending on the different type of invalidation, which will be referred to in the body of this chapter in the first part of it. With regard to the means of upholding invalidation, being referred to in Part II, then such shows several important means to invoke the invalidation, and that, as mandated by the comparative laws, we then find in such laws consensus and dispute about the importance of those means. Rebuttal, however, being a means of sticking to invalidation, has been approved by all other comparative laws, in the preamble above, while other means to invoke invalidation there we find the appeal in judgments. Tackling such issue, we find the comparative laws differ on the appeal in judgments as a means – likewise, the Egyptian and the Palestinian Laws have affirmed the appeal and the cassation, being amongst other methods of appeal / contestation on invalidation. On other hand, the Jordanian legislator is found on contrary by approving the cassation only as a means of appeal without determining also the fact that cassation shall also be a means of appeal. However, the other comparative laws have differed also regarding the other means through which we can abide by or stick to invalidation such as the original lawsuit for the nullification of a judgment as decided by the Egyptian Legislator, Jurisprudence and Jurisdiction, but have not been approved nor confirmed by the Palestinian or Jordanian Legislators. To complete the subject of the study we have in the third chapter to talk and explain about the effects of invalidation; in other words, the results arising from the determination of invalidation, and the impact of that on each of the previous and the subsequent proceedings to the invalid procedure, and also its impact on the judgment, which we will tackle wholly in the first part of this chapter. As for the other part of this chapter, such has been assigned for presenting means of limiting or mitigating the effects of invalidation; i.e. correcting invalidation with all that may follow of the necessary of displaying means and mechanisms through which and with which invalidation may be corrected, subject to that determined by the legislator in the comparative laws, and as per found appropriate by the court in its capacity being the self-governing authority in judging in invalidation, with all that may follow of the need to explain the issue of subordination of the invalidation to the right holder, which topic will also be addressed within the framework of the subject-matter of the ad hoc correction of invalidation.