المسؤولية المدنية للقاضي فيما يتعلق بمهنته في ضوء قانون أصول المحاكمات المدنية رقم 2 لسنة 2001 (دارسة مقارنة)
Date
2017-09-18
Authors
وليد عيسى موسى عبيات
WALID ISSA MOUSA OBAYAT
Journal Title
Journal ISSN
Volume Title
Publisher
AL-Quds University
جامعة القدس
جامعة القدس
Abstract
The Purposed of the civilization Responsibility is the Responsibility about indemnity for
damage that caused because of the Lack of Obligation whether the source of the Obligation
was the contract , its called the Contractual Responsibility , and if the source of the
Obligation was Negligence in a work , it’s called Negligence Responsibility , where the
subject of this study about the Civilization Responsibility For the Judge , that judge will be
Responsible about indemnity for damage that caused by his false in his own work and here
will be controlled by special rules it’s called the Rules of adversary .
The subject of this study is about the Civilization Responsibility for the Judge Which it is
related to his profession through the Civilization and commercial Procedures law Num (2)
for the year (2001) Whence the nature of this responsibility which it’s Contractual or
Negligence or a Legal Responsibility , in this study we Explained about the rules of
adversary and the legal Philosophy and the Legality To Exempt the judge From the
Responsibility during to the infraction Mandatory Law Num (36) for the year (1944) during
the Primary law that text about the Responsibility for the country of indemnity for the
mistakes of the judicial authority that texted in the Civilization and Commercial Procedures
Law in Palestine Under The Title THE RULES OF ADVERSARY , and we explained about
the Reasons and cases of the judges strife that texted in the Law .
This study Focusing on the Judges strife case and his Civilization Responsibility about big
mistakes that done by judge during to his Profession , and this study does not Focusing about
Administrator mistakes that causes Which can not be a Reason For Responsibility , and this
study does not Focusing about the Criminal Responsibility For Judge if he does a Crime .
And this study doesn’t Focusing on Judges Responsibilities of Contractual Correlation and
Mistakes in their Own life out of their Professions . and this rules of adversary Which is the
Subject of our study is Specialized in the Civilization Responsibility about Mistakes that
Causes by the Judge during his Judicial Profession and anything Related to that .
And these Rules includes all Judges that Known in the Judicial Authority Law , and its
important for the adversarial Case to be accepted the Existence OF Damage and a Reason
For the Adversarial .
And we studied Also in this search the Procedures and the rules of the adversary Case
through the Procedures Before the Lawsuit and the Parties of the LAwSuit and the Set up
Procedures for the Lawsuit and the Competent court in this Lawsuit , and also we studied
through this subject the Responsibility Range of the Supreme Judicial council about Judges
work By studying the Responsibility of the Country about the Judicial Authority Mistakes
and the Possibility of adversary about Deputations annulment , and the Possibility of
adversarial to the Administrator decisions that related in courts Forming and Judges
Advancement .
This study explained the Range to the Civilization Responsibility For Judge and to Achieve
this purpose we Settled the Comparision Analytical Method through collecting information
about the Civilization Responsibility and to fit the Texts on the Responsibility of the Judge ,
and to Analyze these Texts and compares Texts to Reach to the Main Purpose which it is The
civilization Responsibility for Judge .
The Summarization of this study that the Judge Responsibility in Palestine it is a Special
Responsibility cause it has a special texts about it that Differentiate it from others Lawsuits
and special Procedures and Purposes and Cases and effects, and it Also has a dual Nature
about indemnity and nullity, so this LawSuit has a special nature and a Dual Nature and it’s a
Personality Responsibility for the Judge in the face of the Adversary and to The country that
can Return on the judge.
In The End , this Study Recommends to Add the Cheating situation and justice denial and
Perfidy and Bribery and stealing and Spoliation and hiding and not to signature the
Adjudication or it’s draft and the embezzlement and Exploitation of the job to The adversary
Reasons , and this study also Recommends to Cancel the Text of the article Number (154)
From the Palestinian Civilization and commercial Procedures Law which it must be removed
a condition that must Notify the high Judicial court Before Submitting the Adversary
Lawsuit Because this can Restricts The Right of Litigation and this is a Legal right For Every
Body.
Description
Keywords
القانون , Law