ضمانات المتضرر عن تأخير اجراءات الدعوى المدنية ( دراسة مقارنة )

Rp-"Guarantees of the aggrieved party for delaying civil action procedure.pdf

Abstract:
The judiciary, when examining a civil case, requires that it take into account the element of time, which represents the most important pillar in the urgent and fair judiciary, in order to complete the case before it without delay or delay in it. And whether the one who caused the damage was the other party, his agent, or any other person, which entails the one who caused the damage full civil responsibility (compensation) in addition to other procedural penalties that can be imposed on the breach of his duty, the slowness in those procedures is not limited to one stage without another, but rather includes from the beginning From the date of filing the case, passing through the stage of hearing it and expressing defenses in its regard, until the end of issuance of a ruling in it, and the stage of appealing that ruling.
Delay in litigation represents the disease that afflicts this judicial system, and although the law grants the discretion and full power to the subject court to issue speedy decisions, this does not represent a real treatment of the issue of slowness, and there are many reasons leading to that, some of which are due to the parties (litigants). Those who use their procedural legal rights with the intention of harming one another, or the procedural error may have been issued by judicial agents, whether they are working in the courts (such as the public prosecutor or the judicial informant) or non-working in the courts (such as lawyers and experts), in addition to the lack of real proportionality in terms of quantity Between the number of judges and the number of cases before the courts, not to mention the existence of a defect in the procedural texts, and the original means such as electronic litigation and the alternative such as mediation are the most important necessary means that can work to protect the right from procedural delay in light of the modern development in the whole field of life, which contributes to the consolidation of the principle Speed in judicial procedures.
An individual may take advantage of legal texts and use them as a means to deceive, procrastinate, and harm one of the opponents, and therefore there must be guarantees that represent the right of the victim to obtain his right, whether these guarantees are of a procedural nature in order to avoid the negative effects that lead as a result to the waste of this penalty, or of an objective nature. Such as compensation, where the latter can be claimed in the form of an original lawsuit filed before the competent court or through a subsidiary lawsuit being considered by the same court that examines the substantive right and before which the procedural delay occurred.