The philosophy of procedural association in the theory of civil litigation (an analytical legal study)

Al-Shamary, Ali Shamran

doi:10.63677/jqlap.2024.185920

The philosophy of procedural association in the theory of civil litigation (an analytical legal study)

https://doi.org/10.63677/jqlap.2024.185920

Volume 15, Issue: 2 part 2
Autumn 2024

Pages 463-476

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Author

Ali Shamran Al-Shamary

University of Karbala / Center for Strategic Studies

Abstract

Procedural connection in the theory of civil litigation, specifically within the scope of the Code of Civil Procedure and other procedural laws, is an important topic. There is no doubt that legal systems of all kinds are not devoid of the idea of connection, whether they belong to the substantive law related to the origin of the right or are related to procedural systems that belong to procedural law. The availability of the connection results in the validity and legitimacy of procedural actions, as this system achieves justice in the course of litigation procedures, as it is a technical tool based on the proper conduct of litigation procedures and the creation of a link of convergence and union between procedural actions that are close in terms of subject and reason. Another advantage of it is preventing the rejection of conflicting or difficult-to-implement rulings, and this positive role is often performed by the legislator for the purpose of achieving justice between the parties.

Keywords

connection

civil litigation

litigation

procedural law