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العنوان
نسـبية أثـر الطعن في الأحـكام :
المؤلف
رحاب، عادل محمد سليمان.
هيئة الاعداد
باحث / عادل محمد سليمان رحاب
مشرف / احمد عوض هندى
مشرف / اسامة احمد شوقى المليجى
مناقش / الانصارى حسن النيدانى
مناقش / سحر عبد الستار امام
الموضوع
الطعن فى الاحكام.
تاريخ النشر
2021.
عدد الصفحات
409 ص. ؛
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
1/1/2021
مكان الإجازة
جامعة بنها - كلية الحقوق - المرافعات
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 415

from 415

المستخلص

Judicial work is not an automatic act carried out by the judge on his own, so the law requires as a general rule for conducting judicial work to be preceded by a judicial claim. The request of the litigants, or to rule in favor of or against a person who is not a party to the request, otherwise his judgment will be void, and this is what is procedurally known as the relativity of the effect of the request.
It follows from this that there is no appeal against judicial rulings without a request submitted by the convict, and the appeal, as a request submitted to the court of appeal, is distinguished by its relativity of effect, so it only benefits the one who submitted it, and it is only invoked against the one against whom it is presented.
That rule, which is procedurally known as a relativistic rule, has the effect of appealing judgments, and it is an application of the principle of relativity of procedural action, which means that the procedure does not benefit from it except for the one who initiates it, and it is only used against the one who took it against it
The relativity of the procedures means that the procedure, when accepted, only benefits the one who initiates it, and when it is rejected, it does not affect others, so Whoever does not appeal the judgment from the convicts on time, the judgment against him becomes non- appealable, and he is not considered a party to the litigation of the appeal, and he has no right to intervene in it after the deadline
Although this rule is an embodiment of the principle of the sovereignty of the opponents, and a true translation of the idea of justice, however, adopting it on its release would often lead to solutions that cannot be accepted, in cases where there are multiple parties to the litigation in an indivisible issue, on the A way that does not accept multiple solutions and only one solution is possible in confronting all the parties to the dispute.