المسؤولية المدنية للقاضي فيما يتعلق بمهنته في ضوء قانون أصول المحاكمات المدنية رقم 2 لسنة 2001 (دارسة مقارنة)
وليد عيسى موسى عبيات
WALID ISSA MOUSA OBAYAT
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.
القانون , Law