قواعد العدالة في القانون المدني – دراسة مقارنة –

The Rules of Equity in Civil Law -Comparative Study

The rules of justice are the basis upon which all laws and
regulations must be based in order to achieve the supreme goal of the
system in societies, which is the general good of the group as well as
the private one for each individual. The rules of justice are general and
binding rules of social behavior, and their violation entails an
appropriate penalty. They differ from justice in that achievisng justice
occurs through equality before the law through the application of legal
texts to all, regardless of particularities, while the rules of justice take
into account the circumstances surrounding people. And in legal
actions, and the rules of justice are considered as validations of natural
law, and their relationship with it is the relationship of the specific
credential to the general concept, and the ratio between them is
general and particular, and it differs from the legal supposition or trick,
even if each of them is used to develop legal rules and solve problems
facing legislative texts, foremost of which is the lack Legislative law and
the rules of justice. Even if the philosophers, law philosophers, jurists,
theologians and jurists of Islamic law differ in explaining its truth and
origin, but their difference stems from a different angle of view.
Otherwise, they all aim at one meaning and a unique concept; Because
all the philosophical propositions and theories, and the intentional and
fundamentalist approaches express one meaning, which is to give
everyone his right. Moreover, it is clear that factual and intellectual
facts alone are not sufficient to form the legal basis; b Because these
facts are data that express the reality, while the law expresses what it
should be, which is the duty that must be adhered to, and not
everything that is a reality must be adhered to, and the legislator during
the formulation of legal rules must invoke a higher ideal In order for it
to produce the legal rules in a flexible manner that meets the
renewable needs in every era, as well as the legal rules must contribute
to establishing stability and legal security and emphasizing good faith in
legal actions, in addition to the necessity of restoring the balance to
Abstract 2
legal relations that upset the economic balance In it, especially in the
contractual relations at the construction stage or at the implementation
stage. In all these calamities and dilemmas, we find that the rules of
justice are the refuge for the legislator when the legal rules are
established. As for the judiciary’s need for the rules of justice, it is
represented in the adoption of judicial jurisprudence to fill the gap in
legislation or the vacuum. Legal, whether real or hypothetical, as well
as in the interpretation of legal texts and civil contracts, the rules of
justice are the last stage that the judge resorts to in order to obtain the
optimal interpretation of the law. That achieves a balance in legal
relations, and gives each person his right, in addition to the judge’s
participation in the establishment of abstract general legal rules by
adhering to the judicial precedents that are a cause for achieving justice
and enhancing the nature of judicial security that gives people
reassurance when resorting to the judiciary. When they have it from
Overall prior knowledge of the directions and judicial principles of the
Supreme Courts, all these important issues and many other facts
contained in the rules of justice