الآثار المترتبة على الأعمال التي يقوم بها القاضي بعد انتهاء مدة الندب دراسة تحليلية

Date
2017-10-10
Authors
براء أسامة كمال منصور
baraa osama kamal mansour
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Publisher
AL-Quds University
جامعة القدس
Abstract
This study addresses the impacts of the judge acts after the completion of the assignment period. This study aims to highlight the effects of the judge acts after the completion of his assignment period and to highlight the assignment which)violatesthe manner stated by the law under the Palestinian legislation and jurisdiction, as well as the validity of the effect resulted from such violation. The researcher has divided the study into two chapters. The first chapter addresses the determinants of judges’ assignment; this chapter includes two sections: the first section discusses the nature of judges’ assignment, and it was divided into two parts, the first part addresses the concept of assignment, whereas the second part addresses the legal regulation of judges’ assignment. The second section of this chapter entitled “judges assignment system” includes two parts. The first part discusses the legal nature of assignment and the court specialized in assignment appeals, while the second part addresses the restrictions of judges’ assignment and the elements which differentiate it from other types of assignment. The second chapter, entitled “the impacts of judicial acts performed by the assigned judge and their validity”, was also divided into two sections. The first section addresses the impacts of assignment, and it was divided into two parts. In the first part, the researcher has discussed the impacts of the assigned judge acts during the assignment period, whereas the second part was entitled “the impacts of assigned judge acts after the completion of assignment period”. The second section of this chapter has addressed the validity of the impacts resulting from the completion of judge’s assignment period, and has highlighted the validity of such impacts before and after the issuance of the decision made by the General Assembly of the High Court under no. (1/2015). This section was divided into two ي parts. The first part addresses the conformity of the impacts with the completion of assignment period; while the second part discusses the adjustment of the impacts resulted from the completion of judge’s assignment period and the possibility of punishing the judge who violates the provisions of assignment (conditions and term). Finally, this study includes a conclusion, results and recommendations which the researcher has reached to depending on what was presented and what is applicable in the Palestinian courts.
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Keywords
القانون , Law
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