الانهاء المبتسر لدعاوى الحل والحرمة

Volume 13, Issue 2
Summer 2022
Pages 394-409

Authors

AL-Qadisiya Journal

Abstract
The procedural legislator opens the door to the judiciary voluntarily for anyone who wishes to claim through the lawsuit, as it is an optional (technical) means for each person to use it or not, which entails his choice in ending it with procedural restrictions that do not respond to the origin of the right, but on the time and method of its use in observance of the rights of The litigant in the case may leave it, renounce it, or cancel it, when it is in his interest not to invoke the judicial protection provided by law through this case, and on a procedural principle that decides (that the case belongs to the parties to it) .If the case ends with a judgment on its subject matter as a natural end to it, but in many cases the parties wish to terminate it in a premature manner and in application of their sovereignty over it, the procedural legislator provides them with a set of options - as a general principle in the civil case - to implement their desire from; Leave the case, waive it and annul it.However, the specificity of the lawsuits of dissolution and sanctity related to their entry into the domains of public order legally, and the calculation legally, affected the procedural legal possibilities available to the litigants based on their right to terminate their lawsuit. Its depths and its features, which was what we were able to conclude from the results and suggestions we wrote at the end of it



 

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  • Receive Date 16 August 2023