اعتراض الغير كالطريقة من طرق الطعن غير العادية " دراسة مقارنة "
Date
2020-02-08
Authors
شيماء شاهر محمد صبح شرباتي
Shaima Shaher Mohammad Sobh Sharabati
Journal Title
Journal ISSN
Volume Title
Publisher
جامعة القدس
Abstract
The law aims to provide stability in the legal centers, and this stability is not achieved for the centers where the judgment was issued, unless the judgment gains the truth, which prevents modification or absentee, the judgment becomes the title of the truth and the legal centers are based Second: The unusual methods of appeal are cassation, retrial, and the objection of others on .it
The legislation therefore regulated the methods of appeal against sentences and gave them one of two forms:
First: The usual appeal methods are the appeal.
Second: The unusual methods of appeal are cassation, retrial, and the objection of others.
The ordinary methods of appeal do not provide relief to those who are not adversaries in the proceedings in order to defend their rights, which are affected by the judicial system. The appeal shall be made against others on the grounds that the legislator has allocated to non-adversaries a way of challenging the judgment of the dispute to which the third party was not party with a view to annulment or modification of the sentence:
Type I: Objection by third party
Second quality: The objection of non-emergency
The researcher found that the Palestinian legislator limited itself to one type of objection, the original objection.
The researcher also dealt with the general rules for the appeal of judicial decisions as a prelude to the appeals rules by the interception of others, by indicating the conditions to be available in the appellant, judgments, decisions that are subject to appeal, dates of appeal and the relative rule of appeal.
The researcher then addressed the methods of challenging judicial decisions and distinguished them from the opposition of others in terms of similarity and difference.
The researcher dealt with the decisions that can be appealed against by others, as the appeal can be accepted by others in relation to all judgments whether issued by the courts of first instance or the courts of second instance, whether final or final, issued by the ordinary courts or the hasty judiciary, provided that the judgment has affected the rights of others, However, the objection of others to the Court of Cassation may not be challenged because these provisions cannot affect the rights of others, since they are not considered on the subject, but only in legal matters. The researcher reached the conditions to be met to challenge the objection of others :
The objector was from others, and that means 1-
he was not a contend in the lawsuit . -
-. He was not represented in the case -
he was not involved in the proceedings – .
- Creditors and debtors in solidarity and creditors are indivisible if the judgment is based on fraud or a fraud
- - If one of them is represented in the case of their gene or if they are proved that the sentence was issued on the basis of fraud and fraud.
2- The judgment in the case should be his case
3-The availability of the character and interest of the objector and the interest is a legal interest.
The researcher dealt with the appeals procedures by objecting others, and spoke about how to challenge the objection of others, which included what was said:
1- The competent court: The competent court for the application of the objection of others varies according to the different types of objection, as the original objection is to consider the competent court that issued the judgment. An emergency objection is made to the same case as a case in which the case has been made before it or by a court of its degree, and if the court that rendered the judgment to be challenged has the highest degree of the court hearing the case, the court will be presented with the issuing of the judgment
2- time limit for submission: The legislator did not require a certain period for the filing of an appeal against the objection of others .
3- Proceedings before the Court: The objection of others to the Rules of Procedure shall be submitted to the Court which rendered the judgment against him.
The researcher then addressed the implications of the objection of others:
1- The failure to suspend the execution of the judgment against him, unless the Court decides otherwise upon the request of the petition if the continued execution is of significant harm.
2- The objection of others entails the re-filing of the case before the Court. If the objector is right, the court is amended to the extent that it affects the rights of this third party, or if
the opposing sentence is not indivisible, the court amended the sentence completely, in case the objector fails to challenge the duty, expenses and the fees of the lawyer