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

Volume 14, Issue 2 - Serial Number 2
Autumn 2023
Pages 567-588

Document Type : Research Paper

Authors

1 College of law-University alQadisiyah

2 كلية 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

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Subjects
  • Receive Date 18 September 2023
  • Revise Date 26 September 2023
  • Accept Date 26 September 2023