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

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.

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Publication Details

Journal
AL-Qadisiya Journal For Law and Political Sciences
Published
2024-12-01
DOI
https://doi.org/10.63677/jqlap.2024.185920
Primary Topic
Legal processes and jurisprudence
Type
article
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article

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

Ali Shamran Al-Shamary
AL-Qadisiya Journal For Law and Political Sciences
Legal processes and jurisprudence
article

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

Ali Shamran Al-Shamary
article en

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.

AL-Qadisiya Journal For Law and Political SciencesVol. 15(Issue: 2 part 2)
University of Kerbala (IQ)
Peace, Justice and strong institutions
Openalex Percentile: Top 13%
Legal processes and jurisprudence
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The philosophy of procedural association in the theory of civil litigation (an analytical legal study) — Ali Shamran Al-Shamary · AL-Qadisiya Journal For Law and Political Sciences (2024) | TGRS Research Map | TGRS