سلطة محاکم الدرجة الأولى في إعادة النظر في الحکم دراسة مقارنة (في ضوء نظام المرافعات الشرعية في المملکة العربية السعودية) | ||
| مجلة الدراسات القانونية والاقتصادية | ||
| Article 12, Volume 8, Issue 2, June 2022, Pages 1175-1263 PDF (1.31 M) | ||
| Document Type: المقالة الأصلية | ||
| DOI: 10.21608/jdl.2022.241922 | ||
| Author | ||
| أحمد السيد أبو الخير هلال | ||
| أستاذ نظام المرافعات الشرعية المساعد کلية العلوم الإدارية والإنسانية جامعة المستقبل (کليات القصيم الأهلية سابقًا) بالمملکة العربية السعودية | ||
| Abstract | ||
| Abstract The Saudi regulator in the Kingdom of Saudi Arabia authorized the department that issued the judgment to reconsider it if it found in the objection memorandum something that affects what it ruled, because reconsidering the judgment is an effective way to achieve justice. In addition, one of the most important guarantees that cannot be dispense with and it reduces chances of making mistakes, and does not undermine the confidence of litigants in court rulings. The Saudi regulator has done well in granting the authority permissible to the competent department to reconsider the ruling issued by it, and the judge is not obligated to review all the rulings issued by him. Rather broadens the scope of the judge’s discretionary authority and is limited to reviewing the judgments that found to be incorrect and found in the objection memorandum that affects what the judge ruled. This is consistent with the view of the majority of Islamic jurisprudence regarding the permissibility of restitution and cassation if the judge’s jurisprudence contradicts a text or consensus. The Saudi legislature allows the reconsideration of all provisions (in the presence and in absentia), while the Algerian legislator permits the reconsideration of the judgment in absentia only and not in presence, in contrast to the majority of legislations that do not permit the review of primary provisions at all, in implementation of the principle of exhaustion of guardianship. Therefore, the research was divided into two sections. The first deals with the validity of the judgment for reconsideration, and the nature of the judgment being reconsidered, the legality of reviewing judgments, then the procedures for reviewing the judgment, and it includes the procedures that the objector adheres to, and the procedures that the court administration adheres to. The second section discusses the scope of reviewing the judgment, deals with the extent of the authority of the subject circle to review the judgment, and includes the jurisdiction and review of the judgment in terms of the aspects on which the objection was based. Then, the mechanism for reviewing the judgment and the circuit’s decision and includes a review of the verdict, and a review of the pleading in the judgment, and the impact of the memorandum of objection on the review decision, and the implications of the decision to review the judgment. | ||
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