سلطة القاضي في تكييف الدعوى
ِAn-Najah National University
a subject of great importance in the management of cases and the settlement of disputes; in other words, it considers the adjustment of the case within the boundaries of Palestinian and Arab laws as well as the French law. Case adjustment is defined as the implementation and solidification of legal rules based on the facts that have been proven. It is also defined as the description and presentation of these facts as elements, conditions, or even limitations of the applicable legal rule. The effect of the adjustment is often reflected in the substantive jurisdiction of the subject court which is considering the case and may even be reflected in the jurisdiction of the court competent to challenge. Legal adaptation is a complex process because it is not done in isolation from the litigants and therefore the adversaries may have a role in the adjustment because of the inaccuracy in the determination of the facts of the case and the statement of its merits or because the rules of evidence in the proceedings are not observed. All this necessitates that the court should not take the appellations' characteristics and descriptions of the facts into consideration. It should trace and clarify what is ambiguous in the subject matter of the case. The mistakes in adapting or adjusting by the trial court may be due to failure to take into account its authority vis-à-vis the issues of fact, especially in the estimation of facts and procedures of proof, and may be improperly adapted due to non-observance of law issues, whether in the legislative texts or other rules applicable to the case. The Court of Cassation must play a role in monitoring the validity of the adjustment, as it extends its control over the issues of the facts that have been decided, even though this court is not a degree of litigation. This does not mean that these facts are re-examined; they should also be recognized as provided in the case file. But it extends its controls on the adequacy and reasonableness of factual causes and the state of distortion of facts. The control of the Court of Cassation extends also to matters of law. Thus, the overlapping of roles between the litigants and the courts requires the legislator to lay down the necessary legislative treatment in certain aspects of the adjustment process. The purpose of this study is to clarify the value and legal importance of adjusting a civil lawsuit. It is necessary to identify the concept of case adjustment and the power of the judge in adapting the case and the role of the litigants in the stages of adjustment and adaptation with the help of Fiqh and jurisprudence to reach a clear vision of the legal effects of the adaptation of the civil lawsuit and therefore determine the legal nature of the lawsuit and therefore the proper legal application to resolve the dispute between the litigants. The importance of case adjustment lies in the necessity to end the dispute between all parties and thus contribute to reducing the flow of similar cases about the same conflict but with different new names. The adjustment of the case is an important step in the question of the authoritative provisions, and on the other hand, adjustment might be used to circumvent the same rules of authenticity. It is therefore noticed that there is a close correlation between the suitability of the case and the cause of the ruling in it. The adjustment precedes the causality. So the ambiguity in the causes of the case will often mean ambiguity in their adaptation/adjustment. On the other hand, we will not be able to arrive at the correctness or error of adapting the case except through causation. If the judge does not cause his judgment sufficiently according to a solid methodology, then this will inevitably lead to impeding the court of law. Therefore, the judge, in order to be able to explain the real reason, is obliged to examine the grounds on which the case is based in order to give the correct legal adjustment. This thesis is divided in three chapters as follows: In the first chapter, the researcher has tackled two topics. The first topic relates to the concept of legal adjustment and adaptation while the second topic relates to the scope of the lawsuit, its nature and the implications of it. In chapter two, the researcher has discussed three topics. The first topic is related to determining the reality and proving it through its discretion in accepting the evidence; the second part relates to the cause of the action including the facts of the case, the authority of the court and the adversaries in modifying the cause of the lawsuit, and the relationship of the cause to the suitability of the case as the basis for the adaptation of the case and the interaction of the adaptation with the cause collisions caused by adaptation. The third topic is related to the legal interest is a condition for accepting the suit and the extent of the judge's authority in assessing the legality of the interest, the personal and direct interest, the fact that the interest is existing, and the situation and the probability and the judge's power to assess the procedure objectively. In the third chapter, the researcher has tackled two topics. The first topic is related to the concept of the power of adjustment and adaptation and the relationship between them. The second subject relates to the general system of the court, the course of early adaptation/adjustment, the distinction between the current adjustment and other forms of adjustment, and the control of Court of Cassation over the validity of the adjustment to the issues of facts and the separation of the law from absolute and restricted control.